RFP Document.pdf

STATE OF SOUTH DAKOTA

Department of Agriculture and Natural Resources

523 E. Capital Ave., Pierre, SD 57501

WIIN Grant: Lead Testing in Schools

PROPOSALS ARE DUE NO LATER THAN August 30, 2024

RFP #24RFP11073 STATE POC: Mark

McIntire

EMAIL:

mark.mcintire@state.sd.us

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1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The South Dakota Department of Agriculture and Natural Resources (DANR) is a state government agency. Through the Water Infrastructure Improvements for the Nation (WIIN) Act: Lead Testing in Schools Drinking Water Grant, the Department has $398,000 for activities related to lead testing and remediation in schools.

DANR is seeking proposals from qualified contractors to complete lead testing and remediation in schools and associated work as described in further detail in Appendix A - Scope of Work.

The work will be paid for using the WIIN Act funds. The Department is authorized to expend up to $398,000 of these funds through September 30, 2026. Additional WIIN Act funds will be made available after that date. This RFP is for work to be completed by September 30, 2026, as described in item 4, Project Timeline, in Appendix A. The scope of the technical assistance activities must be approved by the South Dakota DANR of Water and Natural Resources and the U.S. Environmental Protection Agency before the technical assistance contract is awarded or renewed.

The primary objective of the project is to select the most qualified contractor or contractors whose RFP submittal demonstrates the background, experience, and capability and contains what is considered the best approach to provide the requested services outlined to support DANR’s voluntary lead testing and remediation of schools in South Dakota. cost efficient and effective manner. A detailed scope of work is outlined in Appendix A – Scope of Work.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

DANR is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, DANR. The reference number for the transaction is RFP# ____. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

Any potential contract(s) resulting from this RFP shall be between the respective State Agency or institution and the successful Offeror(s) hereafter referred to as the "Contractor" for the provision of services according to the terms set forth therein. The State Agency or institution shall serve as the representative responsible for administration of the contract and referred to herein as the "State Contract Administrator" and will be responsible for reviewing contract compliance.

1.3. DEFINITIONS USED IN THIS RFP

The following definitions are used in this RFP:

Offeror – a company who has submitted a proposal in response to this RFP.

Contractor – An Offeror that has been awarded a contract as a result of this RFP.

State - State of South Dakota, Department of Agriculture and Natural Resources.

1.4 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Mark McIntire at Mark.McIntire@state.sd.us with the subject line “RFP #24RFP11073.”

The State will respond to offeror’s inquiries (if required) via e-mail. All Offerors will be informed of any inquiries and the State’s response. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

Offerors are expected to raise any questions, exceptions, or additions they have concerning the RFP document by the deadline for submission for written inquiries as indicated in the Schedule of Activities. If an Offeror discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFP, the Offeror should immediately notify Mark McIntire of such error and request modification or clarification of the RFP.

Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to Mark McIntire as indicated above. Offerors and their agents may not contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements.

Offerors and their agents who have questions regarding this matter should contact Mark McIntire as indicated above.

1.5 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication Deadline to Submit Offeror Questions

July 19, 2024 August 05, 2024

Response to Offeror Questions August 12, 2024 Proposal Submission August 30, 2024 Anticipated Award Decision Begin Contract Negotiation

September 6, 2024 September 6, 2024

Contract Execution approximately

September 20, 2024

1.6 PREPARING AND SUBMITTING YOUR PROPOSAL

Elaborate proposals (e.g., expensive artwork) beyond that sufficient to present a complete and effective presentation are not necessary or desired.

1.6.1 Incurring costs

The State is not liable for any cost incurred by Offerors in replying to this RFP.

1.6.2 Submitting the proposal

All proposals must be completed and received by the State by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

Offerors may not send the electronically formatted copy of their proposal via email. Offerors will mail an original and three printed copies of their proposal, along with one electronic copy, including all attachments, in both Microsoft Word and PDF electronic formats.

The cover sheet of the proposal must be signed, in ink, by an officer of the Offeror, legally authorized to bind the Offeror to the proposal, and sealed in the form intended by the Offeror. Proposals that are not properly signed may be rejected. The cover sheet must be printed and submitted with the proposal.

The sealed envelope must be marked with the appropriate RFP Number and title. The words “Sealed Proposal Enclosed” must be prominently denoted on the outside of the shipping container.

Proposals should be addressed and labeled as follows:

REQUEST FOR PROPOSAL #24RFP11073

OPENING DATE August 30, 2024

MARK MCINTIRE

SOUTH DAKOTA DEPARTMENT OF AGRICULTURE

AND NATURAL RESOURCES

523 E. CAPITAL AVE.

PIERRE, SD 57501

ATTN: WIIN Grant: Lead Testing in Schools Project

All capital letters and no punctuation are used in the address. The State address as displayed should be the only information in the address field.

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the Director of Procurement Management.

1.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.8 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.9 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.10 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.11 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.12 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic, or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.13 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary.

Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.14 GOVERNING LAW

This RFP shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit regarding or arising out of the transaction covered herein shall be in the Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

1.15 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include, at a minimum, the substance of the contract terms and conditions as set forth in Appendix B. However, as part of the negotiation process, the language of a specific term or condition listed in Appendix B could be modified upon agreement between the State and the vendor.

Additional terms and conditions may be required. In their response, the vendor must identify any specific contract term or condition they wish to negotiate and provide a brief summary of their issue.

3.0 SCOPE OF WORK

The Scope of Work is described more fully in Appendix attached hereto and made a part hereof.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Provide the following information:

4.2.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements.

4.2.2 A detailed description of their project management techniques and resources available to perform the work, including any specialized services, within the specified time limits for the project.

4.2.3 A detailed record of past performance which must include price and cost data from previous projects, a statement of its quality of work, a demonstration of its ability to meet schedules, demonstration cost control measures, and contract administration experience.

4.2.4 A detailed description of their experience and expertise in conducting thorough site assessments, emphasizing methodology and approach.

4.2.5 A detailed description of their proficiency in developing sampling site plans, ensuring they are comprehensive and tailored to specific project needs.

4.2.6 A detailed description highlighting their capabilities in water sampling under EPA’s 3Ts, relationships with certified laboratories, and adherence to relevant regulations and standards.

4.2.7 A detailed description outlining their experience effectively remediating and mitigating lead contamination in drinking water systems or school districts, showcasing successful strategies and outcomes.

4.2.8 A detailed description outlining their experience effectively communicating assessment findings and sampling results to stakeholders, ensuring clarity and transparency in reporting.

4.2.9 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration.

4.2.10 Ability and proven history in handling special project constraints.

4.2.11 Proposed project management techniques.

4.2.12 Availability to the project locale.

4.2.13 Familiarity with the project locale.

5.0 PROPOSAL RESPONSE FORMAT

5.1 Offerors may not send the electronically formatted copy of their proposal via email.

Offerors will mail an original and three printed copies of their proposal, along with one electronic copy, including all attachments, in both Microsoft Word and PDF electronic formats. Offerors may send the electronically formatted copy of their proposal via email.

5.2 The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.3 All proposals must be organized in the following order and tabbed with labels for the following headings:

5.3.1 RFP Form. The State’s Request for Proposal form (1st page of RFP) completed and signed.

5.3.2 Executive Summary. The one-to-two-page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified in this section.

5.3.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.3.3.1 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.3.3.2 A specific point-by-point response, in the order listed, to each requirement in the RFP. The response should identify each requirement being addressed as enumerated in the RFP.

5.3.3.3 A clear description of any options or alternatives proposed.

5.4 Response Glossary

Any proposal submitted should provide a glossary of all abbreviations, acronyms and technical terms used to describe the services or products proposed. This glossary should be provided even if these terms are described or defined at their first use in the proposal response.

5.5 Multiple Proposals

Multiple proposals from an Offeror will be permissible. Each proposal submitted must conform fully to the requirements for proposal submission. If multiple proposals are submitted, each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc., on each page included in the response.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 Evaluation Team: All proposals shall be evaluated by an evaluation team. Evaluation and potential selection of the Offeror shall be based on the information submitted in the proposals. The team may review references and require oral presentations and use the results in evaluating the proposals.

6.2 Meeting Terms and Conditions: Proposals will be reviewed to determine if required terms and conditions are met. Failure to meet the required terms and conditions may result in the proposal being rejected. If all Offerors fail to meet one or more of the required terms and conditions, the State reserves the right to continue the evaluation of proposals and to select the proposal that provides the best value to the State of South Dakota as determined by the evaluation team.

6.3 Qualification Criteria: Each proposal shall be evaluated on whether required qualification criteria are met. The qualification criteria that will be used to determine if the

Offeror will be considered for an award is based on the information provided in response to Section 4.0 of this RFP.

6.4 Evaluation Criteria: After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria. The criteria are listed in order of importance.

6.4.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements.

6.4.2 A detailed description of experience with developing public education messaging.

6.4.3 A detailed description of experience with project communications between state, school, local water system and vendor.

6.4.4 A detailed description of experience and expertise in conducting thorough site assessments, emphasizing methodology and approach.

6.4.5 A detailed description of their proficiency in developing sampling site plans, ensuring they are comprehensive and tailored to specific project needs.

6.4.6 Cost.

6.4.7 Contractor’s ability to perform the work in the designated timeframes.

6.4.8 Resources available to perform the work, including any specialized services, within the specified time limits for the project.

6.4.9 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration.

6.4.10 Ability and proven history in handling special project constraints.

6.4.11 Proposed project management techniques.

6.4.12 Availability to the project locale.

6.4.13 Familiarity with the project locale.

6.5 Offeror to Submit Complete Information: The evaluation and potential selection of a Contractor will be based on the information submitted in the Offeror's proposal. Each Offeror shall furnish a complete description of capabilities to meet or exceed the Scope of Work as described in Appendix A herein. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response.

6.6 Offeror to Submit Information Related to Evaluation Categories: The Offeror is cautioned that it is the Offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The Offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

6.7 Information Relating to Past Performance and Success: Experience and reliability of the Offeror's organization are considered subjectively in the evaluation process.

Therefore, the Offeror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.8 Qualifications of Personnel: The qualifications of the personnel proposed by the

Offeror to perform the requirements of this RFP, whether from the Offeror's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the Offeror should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

6.9 Rejection of Proposals: The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

7.0 Cost Proposal

Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered. Any cost may be less than but shall not exceed the maximum available amount of $398,000.

Costs will be evaluated as part of the technical proposal.

8.0 Award

The requesting agency and the selected offerors or shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

8.1.1 If the agency and the selected offerors are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with another qualified contractor.

8.1.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached, or the agency terminates the contracting process.

8.1.3 All respondents will be notified in writing of the selection.

APPENDIX A

SCOPE OF WORK

The Vendor(s) will be required to provide technical personnel who are knowledgeable and experienced in the requirements of the EPA’s 3Ts for Reducing Lead in Drinking Water. Such personnel will be dedicated to the efforts listed below in training and assisting school districts.

Vendors may, but are not required to, hire subcontractors.

Technical personnel will need to be able to promptly coordinate and provide assistance relating to the following phased activities:

● Phase 1 – School Engagement Planning

● Phase 2 – Data System Compilation

● Phase 3 – Comprehensive Sampling, Mitigation, Cost Estimates

● Phase 4 – Remediation Services

● Phase 5 – Budget Analysis and Rollout Strategy

Phase 1 – School Engagement Plan

DANR has chosen two school districts, Huron and Wagner, to participate in the WIIN Lead Testing Program. Both districts meet the eligibility criteria for the WIIN Grant and have agreed to participate.

The vendor, working closely with DANR, shall organize informational and training meetings involving key stakeholders. The vendor shall create a communication and outreach plan that encompasses the development of clear and engaging messaging for public education materials.

Phase 2 – Data System Management

Vendor shall develop and host a data management tool using Microsoft Excel Software, unless otherwise agreed upon by DANR.

Phase 3 – Comprehensive Sampling and Mitigation Plan

Vendor shall host kickoff meetings and work directly with the participating school district to develop a comprehensive sample site plan, conduct initial sampling, analyze data based on sample results, evaluate mitigation alternatives, and implement mitigation measures. All school district buildings shall be included in the sampling and mitigation plan.

Appendix A displays a summary table for each school district, with the respective number of buildings, year built, year of additions/remodels, and approximate numbers of rooms per building.

Vendor shall coordinate with local public water systems serving the school districts to facilitate the integration of the project with the public water system’s Lead and Copper Rule Improvement (LCRI) compliance requirements.

3Ts Requirements:

The sampling site plans, sampling, public education, and mitigation plans must be prepared in accordance with the EPA’s 3Ts for Reducing Lead in Drinking Water.

Testing

Testing will adhere to the EPA's 3Ts guidelines. Samples will be collected using 250ml sample bottles. Vendors must gather initial and 30-second flush samples for each potable water fixture used for cooking and drinking purposes.

Upon completion of the sampling event at a facility, the samples will be sent to a lab certified to analyze drinking water samples for lead. Vendors will oversee all communications with the laboratory.

Following the laboratory's analysis and upload of results into the vendor-developed database, the Vendor, with DANR's support, will promptly communicate the results to school contacts, teachers, parents, and employee organizations. Additionally, the Vendor will send result letters to the designated point of contact at the sampling location.

Sample Results and Communication

• High results (> 10ppb) will be made available to the public and delivered to parents, teachers, and employee organizations as soon as possible, but no later 10 days following the receipt of the final results.

• Low results (<10ppb) will be made available to the public and shared with parents, teachers, and employee organizations as soon as possible, but no later than 30 days following the receipt of the final results.

Mitigation/Remediation Requirements:

If a sample exceeds a concentration of 10ppb the Vendor should instruct the facility to remove the fixture from service (e.g. place “Out of Service” sign on fixture). The Vendor should also provide remediation/mitigation recommendations and cost estimates for those recommendations.

Phase 4 – Remediation Services

The vendor shall provide remediation/mitigation recommendations and cost estimates to the school based on sample results and site assessment.

The vendor shall provide the following deliverables to the school district:

1. Must meet with and present to DANR and the school district a Remediation/Mitigation plan outlining two alternatives: (1) All potable water and cooking outlets can achieve a lead result of <10ppb; and (2) Deem facility a ‘lead-free’ facility, as defined in EPA’s Reduction of Lead in Drinking Water Act (2014)

2. A bid package for the school district so they can hire a contractor to execute remediation.

A separate funding source totaling $426,000 is earmarked for school districts to carry out remediation/mitigation efforts as sub-recipients of this grant. Before commencing any remediation work, the school district must enter into a sub-recipient agreement directly with DANR to obtain funds for their facility's remediation/mitigation work.

DANR must approve all costs associated with the remediation work before execution.

Post-Remediation Services

Once a school district completes its remediation/mitigation plan, the Vendor shall conduct one-time follow-up testing to document the success of remediation/mitigation measures no earlier than three months after implementing the plan.

Phase 5 – Budget Analysis and Rollout Strategy

The vendor will conduct a budget analysis based on the initial rollout in one or two school districts and then utilize cost-per-school-district data for budget analysis to determine the number of school districts that can be completed in entirety. The vendor shall develop a strategic plan for enrolling schools and managing the budget effectively for any remainder of the grant money, as well as a cost estimate for a statewide approach for creating “lead-free” schools in South Dakota.

1.2 Requirements

Application Requirements:

Vendor(s) must supply the following information in their response to this RFP:

1. A list of personnel that would work on the project along with a brief summary of each individual’s relevant education, professional experience, and professional licenses and/or credentials.

2. The Vendor’s previous experience with WIIN Grant Testing or similar outputs

3. The Vendor’s previous experience with creating sample site plans and conducting lead testing using the EPAs 3Ts approach or similar outputs.

4. The average cost per hour to provide services for individual assistance at each school district

(Huron and Wagner).

5. A template of the service log the Vendor will use to track school districts assisted and activities undertaken

6. An indication of the Vendor’s intent to hire subcontractors. If yes, the following information must be provided:

a. A description of the Vendor’s experience utilizing and managing subcontractors on similar projects

b. A list of subcontractors that will be used along with a description of each subcontractor’s scope of work and relevant education, professional experience, and professional licenses and/or credentials for all subcontractor personnel that will be working on the project

Payment Requirements:

The Vendor must be registered as a vendor with the State of South Dakota and submit a completed W-9 form in order to receive payment.

2. Compliance

The State will:

1. Provide the Vendor(s) with eligible school district information available from the South Dakota Department of Education.

2. Provide the Vendor(s) with applicable water system information available in State’s existing data system for water systems.

3. Meet at least monthly with the Vendor(s) to identify and discuss school districts in need of assistance and progress made with school districts previously identified.

4. Provide training for the Vendor(s) on the requirements and standards of the EPA’s 3Ts Guidance for Reducing Lead in Drinking Water.

5. Respond to Vendor(s) requests for technical assistance in carrying out the provisions of the scope of work.

6. Provide prompt processing monthly of Vendor(s) reimbursement claims as work is completed.

Vendor will:

1. Meet routinely with the stakeholders to identify and discuss school districts in need of assistance and progress made with school districts previously identified.

2. Respond promptly to State inquiries regarding actions taken and progress achieved with school districts the Vendor is assisting.

3. On behalf of school districts complete the following:

a. Initial sample site plan development

b. Collect water samples at designated locations for lead analysis

c. Submit water samples to a lab certified for testing drinking water for lead for analysis

d. Communication to school staff, DANR, and the local public water system serving the school district about lead testing sample results and any mitigation activities.

e. Develop a coordinated public relations/communications outreach plan and materials for school and local public water system

3. Project Deliverables

Vendor will:

1. Provide monthly reports using a service log template reflecting systems assisted and activities undertaken. A service log template is required to be submitted with this proposal for approval.

2. Provide designated individual(s) to serve as points of contact for the State and schools.

3. Submit completed monitoring, mitigation, and public education materials for each school and local public water system.

4. Project Timeline

This project will last from September, 2024, through September 2026. The expected timeline is as follows (but is subject to change):

RFP Publication: July 19, 2024

Proposal Submission Deadline: August 30, 2024

Anticipated Award Decision/Begin Contract Negotiation: September 6, 2024

Contract execution: September 20, 2024

Phase 1 – School Engagement Planning: September 20, 2024

Phase 2 – Data System Compilation: November 2024

Phase 3 – Comprehensive Sampling, Mitigation, Cost Estimates: January 2025

Phase 4 – Remediation Services Bid Packages: March 2025

Phase 5 – Budget Analysis and Rollout Strategy: August 2026

Recurring events/requirements:

● Monthly reports must be submitted to the State by the 10th of each month for the preceding month

● Attend quarterly (or an otherwise agreed-upon frequency) progress meetings with the State to identify any issues that have arisen and discuss the status of current tasks.

5. Project Budget

The budget allocated for this project is $398,000.

Under this grant, a separate funding source is available, with $426,000 allocated for remediation and mitigation. DANR reserves the right to transfer money between the two funding sources to maximize the project outcomes.

APPENDIX B

STATE OF SOUTH DAKOTA

CONTRACT FOR SERVICES

Between

State of South Dakota

[NAME OF CONTRACTOR] STATE TREASURER

[ADDRESS] UNCLAIMED PROPERTY DIVISION

[CITY, STATE, ZIP CODE] 124 E. DAKOTA AVENUE

[TELEPHONE NUMBER] PIERRE, SD 57501

Referred to as Contractor

Referred to as State

The State hereby enters into this agreement (Agreement) for services with Contractor in consideration of and pursuant to the terms and conditions set forth herein.

1. SCOPE OF SERVICES:

The purpose of this contract is to ___________ Contractor will perform those services described in the Work Plan, attached hereto as Exhibit A and by this reference incorporated herein.

2. PERIOD OF PERFORMANCE: This Agreement shall be effective on ________ and will end on _________, unless sooner terminated pursuant to the terms of this Agreement.

The State in its sole discretion may renew the Agreement under the same terms and conditions for up to two additional 24 month periods. Notice of intent to renew shall be given by the State to Contractor in writing prior to the end of the existing term of the Agreement. If notice of intent to renew is given, the Agreement shall renew unless terminated by either party pursuant to the Termination Provision of the Agreement.

3. USE OF EQUIPMENT, SUPPLIES AND FACILITIES:

Contractor will not use State equipment, supplies or facilities.

4. CONTRACTOR IDENTIFICATION:

Upon execution of this Agreement, Contractor will provide the State with Contractor’s Employer Identification Number, Federal Tax Identification Number or Social Security Number.

5. CONTRACT AMOUNT AND PAYMENT:

The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT is an amount not to exceed $ ________________. The State will not pay Contractor's expenses, including but not limited to travel, lodging and meals, as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL ch. 5-26. Any overpayment of this Agreement shall be returned to the State within thirty (30) days after written notification to Contractor.

6. INDEMNIFICATION:

Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement.

Contractor shall defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense. In defending the State of South Dakota, its officers, agents, and employees, Contractor shall engage other professionals, subject to the written approval of the State which shall not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist Contractor in the defense. This section does not require Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses or equitable relief arising solely from errors or omissions of the State, its officers, agents or employees.

7. INSURANCE:

At all times during the term of this Agreement, Contractor shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

Contractor shall maintain occurrence-based commercial general liability insurance or equivalent form of coverage with a limit of not less than one million dollars ($1,000,000) for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit. The insurance policy shall name the State of South Dakota, its officers and employees, as additional insureds but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than one million dollars ($1,000,000).

C. Business Automobile Liability Insurance:

Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than one million dollars ($1,000,000) for each accident. This insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement including naming the State, its officers and employees, as additional insureds, as set forth above. In the event of a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor shall furnish copies of insurance policies if requested by the State.

8. TERMINATION:

This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for a breach is affected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's breach. Upon termination the State may take over the work and may award another party a contract to complete the work contemplated by this Agreement. If after the State terminates for a breach by Contractor it is determined that Contractor was not at fault, then Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

9. SURVIVAL FOLLOWING TERMINATION:

Any terms of this Agreement that would, by their nature or through the express terms of this Agreement, survive the expiration or termination of this Agreement shall so survive including but not limited to the indemnification, controlling law and venue, and sovereign immunity provisions.

10. FUNDING:

This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State upon five (5) business days written notice. Contractor agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent or employee of the State, and Contractor waives any claim against the same.

11. CERTIFICATIONS

A. COMPLIANCE WITH EXECUTIVE ORDER 2020-01:

Executive Order 2020-01 provides that for contractors, vendors, suppliers or subcontractors with five

(5) or more employees who enter into a contract with the State that involves the expenditure of one hundred thousand dollars ($100,000) or more, by signing this Agreement Contractor certifies and agrees that it has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. Contractor further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement.

B. COMPLIANCE WITH SDCL ch 5-18A:

Contractor certifies and agrees that the following information is correct:

The bidder or offeror is not an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of their principal place of business, which is ultimately owned or controlled, directly or indirectly, by a foreign parent entity from, or the government of, the People’s Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, or the Bolivarian Republic of Venezuela.

It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the purchasing agency to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response, and further would be cause to suspend and debar a business under SDCL § 5-18D- 12.

The successful bidder or offeror further agrees to provide immediate written notice to the purchasing agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

C. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND

VOLUNTARY EXCLUSION:

By signing this Agreement, Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency.

Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

D. CERTIFICATION OF NO STATE LEGISLATOR INTEREST:

Contractor (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to this Agreement.

By signing this Agreement, Contractor hereby certifies that this Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

12. NOTICE:

Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to ___________ on behalf of the State, and by and to __________, on behalf of Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

13. CONTROLLING LAW AND VENUE:

This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement shall be in the Circuit Court, Sixth Judicial Circuit, Hughes

County, South Dakota.

14. INDEPENDENT CONTRACTOR:

While performing services hereunder, Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

15. THIRD PARTY BENEFICIARIES:

This Agreement is intended to govern only the rights and interests of the parties named herein. It is not intended to create, does not and may not be relied upon to create, any rights, substantive or procedural, enforceable at law by any third party in any matters, civil or criminal.

16. ASSIGNMENT AND AMENDMENT:

This Agreement may not be assigned without the express prior written consent of the State.