RFP 70CNR-S1771 Final~1.docx

STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

Purchasing Division 515 East Musser Street, Suite 300 │ Carson City, NV 89701 Phone: 775-684-0170

Request for Proposal: 70CNR-S1771

For

ANACONDA COPPER MINE SITE

RECLAMATION AND ENVIRONMENTAL CLEANUP

Release Date: November 15, 2021

Deadline for Submission and Opening Date and Time: December 13, 2021 @ 2:00 PM

Refer to Section 7, RFP Timeline for the complete RFP schedule

For additional information, please contact:

Nancy Feser, Purchasing Office II

State of Nevada, Purchasing Division

515 E. Musser Street, Suite 300

Carson City, NV 89701

Email address: nfeser@admin.nv.gov

Refer to Section 8 for instructions on submitting proposals

VENDOR INFORMATION SHEET FOR RFP 70CNR-S1771

Vendor Shall:

A) Provide all requested information in the space provided next to each numbered question. The information provided in Sections V1 through V3 shall be used for development of the contract;

B) Type or print responses; and

C) Include this Vendor Information Sheet in Section III of the Technical Proposal.

Street Address:

City, State, Zip Code:

Telephone:

Fax:

Toll Free:

including address if different than above

Name:

Title:

Address:

Email Address:

Telephone Number:

Fax:

Name:

Title:

TABLE OF CONTENTS

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, NRS 333.800, and NAC 333.155.

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

PROJECT OVERVIEW

The State of Nevada Purchasing Division (NPD) is seeking proposals from qualified vendors on behalf of the Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), Bureau of Corrective Actions (BCA), Abandoned Mine Lands Branch (AML). NPD is requesting contractor proposals to provide professional services to NDEP for ongoing Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) related regulatory oversight support of remedial investigation (RI), risk assessment, feasibility study (FS), proposed plan, remedy decision, remedial design, and remedial action work (CERCLA-protective activities) at the Anaconda Copper Mine Site (ACMS) in Lyon County, Nevada. NDEP is using State authority under Nevada Water Pollution Control Law, mining laws, and hazardous waste laws, NRS 445A, NRS 519 and NRS 459, to perform regulatory oversight in a manner that is consistent with CERCLA and the National Contingency Plan (40 CFR 300). Because of the detailed and broad nature of ongoing and future support services required under this contract, a project-specific scope of work is not being provided at this time.

Required services are on an “as needed” basis at the discretion of NDEP and are dependent upon the amount of site specific CERCLA-protective activities requiring technical support at the ACMS. NDEP will require the selected consultant and their subcontractors to be fully prepared to initiate support services described in this RFP upon signing the contract. The resultant contract will be for four-year period if deemed to be in the best interest of the State. Contracted tasks and expenditures will be negotiated on an individual scope of work basis, with a total not to exceed contract amount of $1,400,000.00 for four-year term.

NDEP regulatory oversight requires engineering, scientific, technical and advisory assistance services of several specialists including mining engineers, environmental and civil engineers, geotechnical engineers, hydrogeologists, chemists and geochemists, statisticians, toxicologists and risk assessors.

1.1 Background

The Anaconda Mining Company (AMC), predecessor of the Atlantic Richfield Company (ARC), began mining activities at the Site in the early 1950s. From 1953 to 1965 operations at the facility consisted of mining the Yerington Pit for copper oxide ore. The resulting copper precipitate was sent off site and tailings were placed in several on-site tailing ponds. Other process solutions were evaporated in on-site evaporation ponds. Miscellaneous mining and processing occurred on site from 1978 to 1989, at which time Arimetco began its copper recovery operations. Arimetco built five lined leach pads where acids and other solutions were used to extract copper from the copper oxide ore, followed by electro plating. Contamination is present within tailings, heap leach pads and ponds, evaporation ponds, groundwater, and soil on public and private lands within the generally defined site boundary.

The CERCLA-protective activities on private and public land are continuing under the regulatory oversight of NDEP. Under the February 5, 2018 NPL Deferral Agreement and Interim Administrative Order on Consent (IAOC) with ARC, the EPA, as support agency, provides review and comments on some site documents for CERCLA protectiveness. The BLM, also serving in a support role due to the public land component, provides similar review and comments on documents. ARC is the private entity responsible for completing CERCLA-equivalent investigations and CERCLA-protective cleanup work at the ACMS. Upon successful remediation and reclamation on phases of the ACMS, NDEP will monitor the final remedy with potential support from the technical contractor.

GOALS AND OBJECTIVES

The objective of this project is to perform ongoing regulatory oversight of CERCLA-protective activities at the ACMS in accordance with State Water Pollution Control Law, State Mining Law, Hazardous Waste Law, and existing stakeholder agreements. NDEP is requesting technical assistance to support site cleanup efforts assuring investigations and site activities are conducted in a manner consistent with CERCLA and 40 CFR 300.

SCOPE OF WORK

The scope of work includes continuing general technical professional services and support to assist NDEP in performing regulatory oversight of CERCLA-protective activities at the Site, as described in detail below.

Services will be on an as-needed basis, at the discretion of NDEP. In general, the selected contractor and subcontractor(s) shall have the following capabilities that are anticipated to be required under the contract:

Toxicology;

Risk assessment, including evaluation of baseline human health risk assessment reports and screening-level human health and ecological risk assessment reports. Evaluation and interpretation of EPA guidance for performing human health and ecological risk assessments;

Evaluation and interpretation of the geochemistry and fate and transport of contaminants in soil, sediment, waste rock, mine tailings, surface water (including pit lakes), and groundwater;

Statistical evaluation and interpretation of soil, waste rock, tailings, surface water, and groundwater geochemistry;

Contaminant hydrogeology, groundwater and contaminant transport modeling, and vadose zone transport processes;

Geotechnical engineering;

Environmental engineering, including familiarity with and evaluation of various technologies and costs for the remediation of soil, surface water, and groundwater. Additional competency is required for evaluation and recommendation of technologies and costs for long-term remedial action monitoring.

Civil engineering, including hydrology and hydraulics as they relate to management of process fluids from former mineral processing operations, stormwater, and the development of stormwater best management practices and pollution prevention measures;

Familiarity with Nevada mining and water pollution laws, and closure regulations and guidance, Nevada water rights, the National Contingency Plan, and CERCLA regulations and processes;

Operations and maintenance technical support for the remedies;

Ongoing support and maintenance of NDEP ACMS SharePoint that serves as the historic and current document repository and sharing site; and

Subcontractors may be retained to conduct portions of the work outputs. Contractor will ensure all subcontractors act in accordance with State regulations and the contract.

The selected contractor and subcontractor(s) must be fully prepared to perform the requested services in the scope of work immediately upon State contract approval. Priority project needs will be conveyed to the contractor by NDEP in a meeting shortly after contract approval.

TASKS

Field Oversight

Conduct field oversight and evaluation of site remedial investigations, risk assessments, feasibility studies, remedial designs, remedial actions, and long-term groundwater monitoring conducted by the private sector entity. The objective of field oversight is to determine conformity and consistency with NDEP-approved project documents, applicable NDEP and CERCLA guidance, and relevant peer-reviewed scientific and technical literature, in accordance with NDEP direction. A secondary objective is to provide NDEP with suggestions and supporting rationale for proposed changes or corrections to work conducted by the private sector entity to ensure CERCLA-equivalency and protectiveness.

Document Review and Comment

Perform review of technical documents with the objective of determining conformity and consistency with NDEP project objectives, generally accepted technical and scientific standards, and CERCLA-equivalency and protectiveness. Key elements of document review and comment are the interpretation and application of CERCLA and EPA guidance, use of peer-reviewed scientific and technical literature, and use of prior NDEP-approved project documents to ensure consistency. A secondary objective is to provide NDEP with suggestions and supporting rationale for proposed changes or corrections to documents and technical reports produced by the private sector entity to ensure a high degree of quality, objectivity, and scientific integrity of the documents and technical reports.

Technical Support and Negotiation Assistance

Provide NDEP technical assistance with developing technical guidance and negotiating technical requirements.

Public outreach support

Provide NDEP with professional services to assist in performing outreach to the general public and other involved governmental agencies.

ACTIVITIES

Document review to become knowledgeable of site history, including:

Operable Unit 8 (OU-8) Feasibility Study, Proposed Plans and Records of Decision (ROD 1 and 1A);

All ACMS RI reports, Human Health Risk Assessment (HHRA) reports, Screening-Level Ecological Risk Assessment (SLERA) reports, FS reports, and other related investigation or background reports, such as the Plume Stability Report and the Geothermal Technical Memorandum, and related NDEP comments and direction matrices;

Remedial action engineering design and record-of-construction reports, including any supplemental geotechnical studies;

Interim Administrative Order on Consent (IAOC), Statements of Work, and Deferral Agreement;

Site-Related Constituents of Interest (COIs), Constituents of Potential Concern (COPCs), and Constituents of Potential Ecological Concern (COPECs) Lists;

Field Sampling and Analysis Plans (FSAPs), Data Summary Reports (DSRs), and Data Evaluation Reports (DERs); and

The most recent consultation protocols and Memorandum of Understanding (MOU) with the Yerington Paiute Tribe (YPT) and Walker River Paiute Tribe (WRPT).

Technical oversight of field and laboratory work and groundwater modeling conducted by the private sector entity/responsible party, including:

Site reconnaissance;

Soil borings and test pits, including:

Lithologic and hydro stratigraphic;

Geotechnical evaluation; and

Soil analysis for physical parameters affecting chemical fate and transport.

Surface and downhole geophysics;

Soil, air quality, surface water and groundwater sampling, and laboratory analysis of the broad suite of COIs associated with the Site;

Mining waste characterization and management;

Treatability studies to support selection and implementation of CERCLA-protective environmental remedies, interim removal actions, and long-term site-restoration actions. Affected media for treatability studies include soil, groundwater, waste rock, and mine tailings. Treatability can include active and passive treatment or stabilization of affected media;

Review of construction drawings, as-built drawings, requests for information, and design change notices, including those for the possible conversion of drain-down fluid evaporation ponds to evaporation cells;

Review and independent analysis of groundwater modeling simulations and output, and comparison of groundwater modeling data to independently run groundwater models, as needed;

Remediation and field construction oversight, including:

Tailings, overburden, and handling of contaminated soil;

Waste repository design, waste placement, and cover construction and maintenance;

Construction of erosion and sediment control features to prevent off-site releases due to stormwater and wind;

Heap leach pad and waste rock pile re-grading design changes, HLP cover installation, and the long-term overall maintenance, operations, and repair of the HLP fluid management system (FMS), including the evaporation ponds, HLP drain-down fluid collection system, and interim stormwater controls.

Field construction quality assurance/quality control.

Document review and comment. This includes review of the following technical documents and preparation of written comments with supporting justification:

Field Sampling and Analysis Plans (FSAPs), Data Summary Reports (DSRs), and Data Evaluation Reports (DERs);

Waste characterization and disposal plans;

Conceptual Site Models (CSMs);

Human health and ecological risk assessment work plans and reports, including, but not limited to:

Data usability including data evaluation, data review, data quality indicators, and data analysis;

Evaluation of co-mingled contaminant effects;

Selection of COPCs and COPECs;

Environmental statistical analysis;

Background chemical evaluation:

Statistical background evaluation; and Geochemical evaluation.

Uncertainty analysis.

Analytical data validation report evaluation and review;

Geotechnical engineering design investigations and reports;

Remedial action objectives and feasibility studies;

Soil and groundwater remedial alternative studies;

Treatability studies, include bench and pilot scale testing work plans and reports;

Work plans and reports for analytical and numerical modeling of contaminant fate and transport in soil, groundwater, abandoned waste rock piles, and abandoned tailings impoundments;

Proposed Plans, RODs, Responsiveness Summary and other related documents;

Technical memos, data summary reports, data evaluation reports, quarterly water quality monitoring reports;

Remedial design reports, interim action reports, remedial action work plans and reports;

Waste repository design basis and engineering designs and evaluation, including check of engineering calculations to assess conformance of design activities with applicable regulations, codes, and standard engineering practices and to establish remedy design criteria and develop remedy performance monitoring plans and maintenance plans and manuals; and

Project schedule review and critical path evaluation.

Technical Support

Provide technical support and assistance to NDEP in performing regulatory oversight and outreach, as follows;

Project management, planning, scheduling and support, including:

Participation in semi-annual and annual Contractor performance review meetings as requested by NDEP;

Document review and schedule tracking;

Independent review and analysis of costs billed or assigned to NDEP as part of State cost share; and

Subcontractor scheduling and oversight.

Attendance at technical negotiations and participation in stakeholder comment discussions as requested;

Selection and reservation of NDEP-approved meeting space;

Development of site technical guidance documents;

Arrange and conduct NDEP-approved site tours and meetings;

Preparation and revision of NDEP-approved meeting minutes.

Administrative record development and support, including:

Development and maintenance of site-wide data and reports collection, uploading, organizing, and sharing of all relevant and pertinent data and information associated with ACM via a SharePoint site or similar mechanism;

Provide assistance in compiling documents comprising the Administrative Record file; and

Prepare and assemble Administrative Record and index.

Public outreach support to include:

Public meeting and or hearing support;

Website development;

Fact sheet preparation;

Arrange and conduct site tours and meetings;

Prepare for and conduct interviews in the Site community;

Proposed remedy plan support and preparation;

Response to comments support;

Prepare presentation materials and graphics;

Public notices; and

Maintain the Site mailing list.

Deliverables

All written deliverables must be in native Microsoft Office (.doc or .docx format) or Adobe Acrobat format as specified by NDEP, or other software-specific related to data generation or analyses. Contractor must provide the following based on the agreed upon project plan/schedule and conform to all project and deliverable requirements.

Daily field reports in electronic Adobe Acrobat format;

Technical comment memos in native Microsoft Office format;

Draft and update NDEP site technical guidance documents in native Microsoft Office format and Adobe Acrobat format;

Contract invoices are required to follow established accounting and invoicing practices developed by NDEP Office of Fiscal Management (OFM) and BCA fiscal staff. Upon request of the selected contractor BCA fiscal staff will provide invoice guidance to discuss acceptable billing formats, required documentation, retentions, and quarterly invoice requirements associated with this contract. BCA fiscal staff will notify contractors of changes to billing procedures including but not limited to adjustments of Statewide per diem and travel rates and regulations. All contract invoices must include and or abide by the following terms:

Billings for reimbursement under an approved project-specific scope of work and assigned task may be submitted to BCA fiscal staff monthly.

All billings for contractor work, travel, equipment usage, or supplies, sub-contractor work, and or vendor work performed during a fiscal year (FY) quarter, must be invoiced to BCA fiscal staff no later than 30 days past the FY quarter close for which reimbursable work, travel, or supplies was completed by the contractor, subcontractor(s), and or vendors.

Billing must include contractor time sheets for hours claimed under a specific task, including notes, deliverables, and identifying details of work completed under each task, by each staff member, to be verified by project managers prior to payment. Time sheets must include the name, title, and contracted billing rate, per terms outlined in Attachment H, for each contractor staff member.

In accordance with Section 1.6.4., billing must provide all State required supporting documentation validating the invoice, including notation of the assigned task number provided by BCA fiscal staff and all applicable contractor, subcontractor, and or vendor invoices including appropriate receipts and accurate travel related backup in accordance with State and GSA guidelines, when applicable.

The contractor is responsible for all State requested corrections to invoices submitted, management of subcontractor invoices including required corrections, and management of subcontractor timely billing practices in accordance with Section 1.6.4.

Documented meeting minutes.

When submitting documents that contain recommendations, the contractor shall complete the following at NDEP’s direction:

Explain or rank alternatives;

Describe procedures used to arrive at recommendations;

Summarize the substance of deliberations;

Report any dissenting views;

List sources relied upon; and

Detail methods and considerations upon which the recommendations are based.

Conflict of Interest

Firms submitting proposals shall not have an actual or potential organizational conflict of interest with the private sector entity/responsible party. Proposals that have an organizational conflict, as determined by NDEP, will not be considered.

Health and Safety Plans

While NDEP will not review Health and Safety Plans, the Contractor will be responsible and should demonstrate its capabilities for assuring the health and safety of its personnel and subcontractors in accordance with applicable laws and regulations while performing work under this contract.

Other Contractor Responsibilities

NDEP will make all final regulatory, policy, and interpretative decisions resulting from contractor-provided advice and determinations provided under the Contract, as well as all final decisions regarding compliance determinations or the existence or violations of an order, law, regulation, etc. When conducting presentations, the Contractor shall not interpret any NDEP policy or regulations. Any questions about NDEP policy and regulations shall be referred to NDEP.

The Contractor is responsible for timeliness, accuracy, and quality of all Contractor, subcontractor and or vendor reports and invoices. The Contractor shall ensure documents, submittals, and records, including monthly or quarterly subcontractor and or vendor invoicing, is provided to the Contractor and processed by the Contractor in accordance with deliverable requirements discussed in Section 1.6.4

A schedule for outputs and budget ceiling for each individual task shall be negotiated by NDEP and Contractor prior to commencement of project work. All work products shall be public information, unless otherwise determined to be confidential by NDEP and the State Attorney General’s office in accordance with State law. All work products will become the property of NDEP. The Contractor shall not publish or otherwise release, use, or disclose any work product generated under the Contract without obtaining NDEP’s express written approval.

The proposal should include an organizational structure for management of the contract with a description of key personnel, their availability and relevant experience, along with identified subcontractors if applicable.

COMPANY BACKGROUND AND REFERENCES

VENDOR INFORMATION

Vendors shall provide a company profile in the table format below.

Company name:

Ownership (sole proprietor, partnership, etc.):

State of incorporation:

Date of incorporation:

# of years in business:

List of top officers:

Location of company headquarters, to include City and State:

Location(s) of the office that shall provide the services described in this RFP:

Number of employees locally with the expertise to support the requirements identified in this RFP:

Number of employees nationally with the expertise to support the requirements in this RFP:

Location(s) from which employees shall be assigned for this project:

Pursuant to NRS 333.3354, the State of Nevada awards a five percent (5%) preference to a vendor certifying that its principal place of business is in Nevada. The term ‘principal place of business’ has the meaning outlined by the United States Supreme Court in Hertz Corp v. Friend, 559 U.S. 77 (2010), typically meaning a company’s corporate headquarters. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its proposal showing that it qualifies for the preference.

Please be advised, pursuant to NRS 80.010, a corporation organized pursuant to the laws of another state shall register with the State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be executed between the State of Nevada and the awarded vendor, unless specifically exempted by NRS 80.015.

The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS 76. Information regarding the Nevada Business License can be located at http://nvsos.gov.

Nevada Business License Number:

Legal Entity Name:

Is “Legal Entity Name” the same name as vendor is doing business as?

Yes

No

If “No”, provide explanation.

Has the vendor ever been engaged under contract by any State of Nevada agency?

Yes

No

If “Yes”, complete the following table for each State agency for whom the work was performed. Table can be duplicated for each contract being identified.

Name of State agency:

State agencies contact name:

Dates when services were performed:

Type of duties performed:

Total dollar value of the contract:

Are you now or have you been within the last two (2) years an employee of the State of Nevada, or any of its agencies, departments, or divisions?

Yes

No

If “Yes”, please explain when the employee is planning to render services, while on annual leave, compensatory time, or on their own time?

If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be performing or producing the services which you shall be contracted to provide under this contract, you shall disclose the identity of each such person in your response to this RFP, and specify the services that each person shall be expected to perform.

Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity. Any pending claim or litigation occurring within the past six (6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.

Does any of the above apply to your company?

Yes

No

If “Yes”, please provide the following information. Table can be duplicated for each issue being identified.

Date of alleged contract failure or breach:

Parties involved:

Description of the contract failure, contract breach, or litigation, including the products or services involved:

Amount in controversy:

Resolution or current status of the dispute:

Status of the litigation:

Vendors shall review and provide if awarded a contract the insurance requirements as specified in Attachment D, Insurance Schedule for RFP 70CNR-S1771.

Company background/history and why vendor is qualified to provide the services described in this RFP. Limit response to no more than five (5) pages.

Provide a brief description of the length of time vendor has been providing services described in this RFP to the public and/or private sector.

Financial information and documentation to be included in accordance with Section 8.5, Part III – Confidential Financial Information.

Dun and Bradstreet Number

Federal Tax Identification Number

SUBCONTRACTOR INFORMATION

Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this RFP. This does not include third parties who provide support or incidental services to the contractor.

Does this proposal include the use of subcontractors?

Yes

No

If “Yes”, vendor shall:

Identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor shall perform services.

If any tasks are to be completed by subcontractor(s), vendors shall:

Describe how the work of any subcontractor(s) shall be supervised, channels of communication shall be maintained and compliance with contract terms assured; and

Describe your previous experience with subcontractor(s).

Provide the same information for any proposed subcontractors as requested in Section 3.1, Vendor Information.

Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

Vendor shall notify the using agency of the intended use of any subcontractors not identified within their original proposal and provide the information originally requested in the RFP in Section 3.2, Subcontractor Information. The vendor shall receive agency approval prior to subcontractor commencing work.

BUSINESS REFERENCES

Vendors shall provide a minimum of three (3) business references from similar projects performed for private and/or public sector clients within the last three (3) years.

Vendors shall submit Attachment E, Reference Questionnaire to their business references.

It is the vendor’s responsibility to ensure that completed forms are received by the Purchasing Division on or before the deadline as specified in Section 7, RFP Timeline for inclusion in the evaluation process. Reference Questionnaires not received, or not complete, may adversely affect the vendor’s score in the evaluation process.

The State reserves the right to contact and verify any and all references listed regarding the quality and degree of satisfaction for such performance.

VENDOR STAFF RESUMES

A resume shall be completed for each proposed key personnel responsible for performance under any contract resulting from this RFP per Attachment F, Proposed Staff Resume.

COST

Vendors must provide detailed fixed prices for all costs associated with the responsibilities and related services. Clearly specify the nature of all expenses anticipated (refer to Attachment G, Cost Schedule). A completed Cost Schedule shall be provided for contractor and all sub-contractors.

FINANCIAL

PAYMENT

Upon review and acceptance by the State, payments for invoices are normally made within 45 – 60 days of receipt, providing all required information, documents and/or attachments have been received.

Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment, and services purchased under the provisions of this RFP electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

BILLING

The State does not issue payment prior to receipt of goods or services.

The vendor shall bill the State as outlined in the approved contract and/or payment schedule.

The State presently has a Procurement Card Program that participating State agencies may use to pay for some of their purchases. The Program is issued through a major financial institution and is treated like any other major credit card. Using agencies may desire to use the card as a method of payment. No additional charges or fees shall be imposed for using the card. Please indicate in your proposal response if you will accept this method of payment.

TIMELINESS OF BILLING

The State is on a fiscal year calendar. All billings for dates of service prior to July 1 shall be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August that forces the State to process the billing as a stale claim pursuant to NRS 353.097, shall subject the contractor to an administrative fee not to exceed $100.00. This is the estimate of the additional costs to the State for processing the billing as a stale claim and this amount shall be deducted from the stale claims’ payment due the contractor.

WRITTEN QUESTIONS AND ANSWERS

The Purchasing Division shall accept questions and/or comments in writing regarding this RFP as noted below:

QUESTIONS AND ANSWERS

All questions regarding this RFP should be submitted using the Bid Q&A feature in NevadaEPro.

To access the Bid Q&A:

Log into your Seller account on NevadaEPro.

Click the Bids Tab in the header.

Click View under Bid Q&A on the appropriate Bid Solicitation under the Open Bids section.

The deadline for submitting questions is as specified in Section 7, RFP Timeline.

All questions and/or comments shall be addressed using the Bid Q&A in NevadaEPro. If questions and answers require a material change to the Bid Solicitation, an Amendment will be posted in NevadaEPro and you will receive email notification.

RFP TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time.

PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT

GENERAL SUBMISSION REQUIREMENTS

Vendors shall submit their proposals by using Create Quote through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Refer to Instructions for Vendors Responding to a Bid in the Important Links section on the front page of NevadaEPro for instructions on how to submit a Quote using NevadaEPro.

The Quote/Proposal shall contain a maximum of four (4) attachments which may include:

Technical Proposal Confidential Technical (if applicable) Cost Proposal (if applicable) Confidential Financial (if applicable)

Note: Under the Items Tab the NevadaEPro system defaults to ‘No Bid’. Proposing vendors must uncheck the ‘No Bid’ box and that will allow the system to default to ‘See Quote Attachments’.

Proposals shall have a technical response, which may be composed of two (2) parts in the event a vendor determines that a portion of their technical response qualifies as “confidential” per NRS 333.020 (5) (b).

If complete responses cannot be provided without referencing confidential information, such confidential information shall be provided in accordance with Section 8.3, Part IB – Confidential Technical Proposal and Section 8.5, Part III Confidential Financial Information.

Specific references made to the section, page, and paragraph where the confidential information can be located shall be identified on Attachment A, Confidentiality and Certification of Indemnification and comply with the requirements stated in Section 8.6, Confidentiality of Proposals.

Proposals that do not comply with the requirements may be deemed non-responsive and rejected at the State’s discretion.

Although it is a public opening, only the names of the vendors submitting proposals shall be announced per NRS 333.335(6). Technical and cost details about proposals submitted shall not be disclosed.

Assistance for persons who are disabled, visually impaired or hearing-impaired who wish to attend the RFP opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two (2) days in advance of the opening.

For ease of evaluation, the technical and cost proposals shall be presented in a format that corresponds to and references sections outlined within this RFP and shall be presented in the same order. Written responses shall be in bold/italics and placed immediately following the applicable RFP question, statement and/or section.

Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Expensive color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

For purposes of addressing questions concerning this RFP, the sole contact shall be the Purchasing Division as specified on Page 1 of this RFP. Upon issuance of this RFP, other employees and representatives of the agencies identified in the RFP shall not answer questions or otherwise discuss the contents of this RFP with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any subsequent proposal per NAC 333.155(3). This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

Any vendor who believes there are irregularities or lack of clarity in the RFP or proposal requirements or specifications are unnecessarily restrictive, or limit competition shall notify the Purchasing Division, in writing, as soon as possible, so that corrective addenda may be furnished by the Purchasing Division in a timely manner to all vendors.

If a vendor changes any material RFP language, vendor’s response may be deemed non-responsive per NRS 333.311.

The vendor understands and acknowledges that the representations made in its proposal are material and important and shall be relied on by the State in its evaluation of a proposal. Any misrepresentation by a vendor shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

PART IA – TECHNICAL PROPOSAL

The Technical Proposal shall not include cost and/or pricing information. Cost and/or pricing information contained in the technical proposal may cause the proposal to be rejected.

Using Create Quote in NevadaEPro, vendors shall provide one (1) PDF Technical Proposal on the Attachments Tab that includes the following:

Section I – Title Page with the following information:

Part IA – Technical Proposal

Vendor Name:

Address:

Section II – Table of Contents

An accurate and updated table of contents shall be provided.

Section III – Vendor Information Sheet

The vendor information sheet shall be completed and signed by an individual authorized to bind the organization.

Section IV – State Documents

The State documents section shall include the following:

The signature page from all amendments signed by an individual authorized to bind the organization.

Attachment A – Confidentiality and Certification of Indemnification signed by an individual authorized to bind the organization.

Attachment B – Vendor Certifications signed by an individual authorized to bind the organization.

Copies of any vendor licensing agreements and/or hardware and software maintenance agreements.

Copies of applicable certifications and/or licenses.

Section V – Scope of Work

Vendors shall place their written response(s) to Section 2, Scope of Work in bold/italics immediately following the applicable RFP question, statement and/or section.

Section VI– Company Background and References

Vendors shall place their written response(s) to Section 3, Company Background and References in bold/italics immediately following the applicable RFP question, statement and/or section. This section shall also include the requested information in Section 3.2, Subcontractor Information, if applicable.

Section VII – Proposed Staff Resume(s)

Vendors shall include all proposed staff resumes per Section 3.4, Vendor Staff Resumes in this section.

This section shall also include any subcontractor proposed staff resumes, if applicable.

Section VIII – Other Informational Material

Vendors shall include any other applicable reference material in this section clearly cross referenced with the proposal.

PART IB – CONFIDENTIAL TECHNICAL PROPOSAL

Vendors only need to submit Part IB if the proposal includes any confidential technical information (Refer to Attachment A, Confidentiality and Certification of Indemnification).

If needed, vendors shall provide one (1) PDF Confidential Technical Proposal file that includes the following:

Section I – Title Page with the following information:

Part IB – Confidential Technical Proposal

Vendor Name:

Address:

Section II – Confidential Technical

Vendors shall cross reference the confidential technical information back to the technical proposal, as applicable.

PART II – COST PROPOSAL

Vendors shall submit pricing information on the Items Tab of their Quote in NevadaEPro.

Vendors shall provide additional pricing information as detailed in Section 8.4.4 if appropriate or required in accordance with Section 4, Cost.

The cost proposal shall not be marked “confidential”. Only information that is deemed proprietary per NRS 333.020 (5) (a) may be marked as “confidential”.

If needed, vendors shall provide one (1) PDF Cost Proposal file that includes the following:

Section I – Title Page with the following information:

Part II – Cost Proposal

Vendor Name:

Address:

Section II – Cost Proposal

Vendor’s shall place the information required per Section 4, Cost in this section.

PART III – CONFIDENTIAL FINANCIAL INFORMATION

If needed, vendors shall provide one (1) PDF Confidential Financial Information file that includes the following:

Section I – Title Page with the following information:

Part III – Confidential Financial Information

Vendor Name:

Address:

Section II – Financial Information and Documentation

Vendors shall place the information required per Section 3.1.11 in this section.

CONFIDENTIALITY OF PROPOSALS

As a potential contractor of a public entity, vendors are advised that full disclosure is required by law.

Vendors are required to submit written documentation in accordance with Attachment A, Confidentiality and Certification of Indemnification demonstrating the material within the proposal marked “confidential” conforms to NRS §333.333, which states “Only specific parts of the proposal may be labeled a “trade secret” as defined in NRS §600A.030(5)”. Not conforming to these requirements shall cause your proposal to be deemed non-compliant and shall not be accepted by the State.

Vendors acknowledge that material not marked as “confidential” shall become public record and shall be posted to the Purchasing website upon contract award.

It is the vendor’s responsibility to act in protection of the labeled information and agree to defend and indemnify the State of Nevada for honoring such designation.

Failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by release of said information.

PROPOSAL PACKAGING

Vendors shall submit their proposals through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Proposals shall be received via https://NevadaEPro.com no later than the date and time specified on the General Tab of the Bid Solicitation in NevadaEPro. Proposals that are not submitted by bid opening time and date shall not be accepted. Vendors may submit their proposal any time prior to the deadline stated in NevadaEPro. In the event that dates, and times specified in this document and dates times specified in NevadaEPro conflict, the dates and time in NevadaEPro shall take precedence.

Proposals submitted as physical copies, email, or any submission method other than via NevadaEPro shall not be considered.

PROPOSAL EVALUATION AND AWARD PROCESS

The information in this section does not need to be returned with the vendor’s proposal.

Proposals shall be consistently evaluated and scored in accordance with NRS 333.335 based upon the following criteria. The following criteria are listed in order of importance.

Cost

Cost proposals will be evaluated based on the following formula:

Lowest Cost Submitted by a Vendor = Price Factor

Proposers Total Cost

Price Factor X Weight = Cost Criteria Score

Effective July 1, 2017, a five percent (5%) preference will be awarded to businesses based in Nevada. A Nevada business is defined as a business which certifies either that its ‘principal place of business’ is in Nevada, as identified in Section 3.1, Vendor Information, or that a ‘majority of goods provided for the contract are produced’ in Nevada. The preference will be applied to the total score.

Financial stability shall be scored on a pass/fail basis.

Proposals shall be kept confidential until a contract is awarded.

The evaluation committee is an independent committee comprised of a majority of State officers or employees established to evaluate and score proposals submitted in response to the RFP pursuant to NRS 333.335.

The evaluation committee may solicit information from any available source concerning any aspect of a proposal and seek and review any other information deemed pertinent to the evaluation process.

Each vendor shall include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable. Failure to comply with the terms of this provision may disqualify any proposal. The State reserves the right to reject any proposal based upon the vendor’s prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. Refer generally to NRS 333.335.

Clarification discussions may, at the State’s sole option, be conducted with vendors who submit proposals determined to be acceptable and competitive per NAC 333.165. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing vendors. Any modifications made to the original proposal during the best and final negotiations shall be included as part of the contract.

A Letter of Intent (LOI) shall be issued in accordance with NAC 333.170 notifying vendors of the State’s intent to award a contract to a vendor, pending successful negotiations. Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached. All information remains confidential until the issuance of the formal Notice of Award (NOA). If contract negotiations cannot be concluded successfully, the State upon written notice to all vendors may negotiate a contract with the next highest scoring vendor or withdraw the RFP.

A Notification of Award (NOA) shall be issued in accordance with NAC 333.170. Vendors shall be notified that a contract has been successfully negotiated, executed and is awaiting approval of the Board of Examiners (BOE). Any award is contingent upon the successful negotiation of final contract terms and upon approval of the BOE, when required. Any non-confidential information becomes available upon written request.

Pursuant to NRS 333.700, any contract resulting from this RFP shall not be effective unless and until approved by the Nevada State Board of Examiners.

TERMS AND CONDITIONS

PROCUREMENT AND PROPOSAL TERMS AND CONDITIONS

The information in this section does not need to be returned with the vendor’s proposal.

This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

The State reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the State to do so.

The State reserves the right to waive informalities and minor irregularities in proposals received.

The State will post all official communication regarding this RFP on the NevadaEPro website at https://NevadaEPro.com. Any changes, amendments, or clarifications will be issued in the form of written responses to vendor questions, amendments, or addendum published on the NevadaEPro website entry for this RFP. Vendors should check this website frequently for notice of matters affecting the RFP prior to submitting a proposal. The vendors failure to periodically check for updates does not release the vendor from any additional requirements or information that may have been posted.

The failure to provide clearly marked, separate PDF file(s) for Part IB and Part III, which contain confidential information, trade secrets and/or proprietary information, shall constitute a complete waiver of any and all claims for damages caused by release of the information by the State.

Pursuant to NRS 333.350, the State reserves the…