RFP.pdf

Iowa Department of Natural Resources (DNR)

REQUEST FOR PROPOSAL

RFP COVER SHEET

Administrative Information:

TITLE OF RFP: Beach Risk Reduction Planning Project RFP Number: 24ESDWQBPPAYT-0055

DNR seeks to purchase:

Qualified Contractor to perform engineering design of various stormwater and/or beach treatment options at Big Creek State Park (Polk County, Iowa) and Brushy Creek State Park (Webster County, Iowa) to reduce environmental risk of beach users. The proposed practices should address stormwater runoff and reduce levels of E. coli.

Number of mos. or yrs. of the initial term of the contract:

12 Months Number of possible annual extensions: 1

Tentative Contract term start date: April 1, 2024 Tentative Contract term end date: March 31, 2025

DNR Issuing Officer:

Name: Philip Payton

Phone and e-Mail:

515-361-0743 philip.payton@dnr.iowa.gov

DNR PROCUREMENT TIMETABLE—Event or Action: Date/Time (Central Time):

Proposals Due Date:

Proposals Due Time:

Date: 2/23/2024 Time: 2:00 PM CST

Anticipated Date to issue Notice of Intent to Award: Date: 3/1/2024

Relevant Websites: Web-address:

Internet website where Addenda to this RFP will be posted:

http://bidopportunities.iowa.gov/

Internet website where contract terms and conditions are posted:

http://www.iowadnr.gov/InsideDNR/RFPBidLettings.aspx

Internet website where Respondents can learn more about the DNR:

https://www.iowadnr.gov/

Number of Copies of Proposals Required to be Submitted: 1 emailed original

SECTION 1 INTRODUCTION

1.1 Purpose

The purpose of this Request for Proposals (RFP) is to solicit proposals from Responsible Respondents to provide the goods and/or services identified on the RFP cover sheet and further http://bidopportunities.iowa.gov/ http://www.iowadnr.gov/InsideDNR/RFPBidLettings.aspx https://www.iowadnr.gov/ described in Section 5 of this RFP to the DNR identified on the RFP cover sheet. The DNR intends to award a Contract(s) beginning and ending on the dates listed on the RFP cover sheet, and the DNR, in its sole discretion, may extend the Contract(s) for up to the number of annual extensions identified on the RFP cover sheet.

1.2 Definitions

For the purposes of this RFP and the resulting contract, the following terms will mean:

“DNR” means the DNR identified on the RFP cover sheet that is issuing the RFP and any other DNR that purchases from the Contract. In this case, the DNR is DNR.

“Contract” means the contract(s) entered into with the successful Respondent(s) as described in Section 7.1.

“Contractor” means the successful Respondent to this RFP.

“General Terms and Conditions” means the General Terms and Conditions for Services Contracts as referenced on the RFP cover page.

“Proposal” means the Respondent’s proposal submitted in response to the RFP.

“Respondent” means a vendor submitting a Proposal in response to this RFP.

“Responsible Respondent” means a Respondent that has the capability in all material respects to perform the scope of work and specifications of the Contract. In determining whether a Respondent is a Responsible Respondent, the DNR may consider various factors including, but not limited to, the Respondent’s competence and qualifications to provide the goods or services requested, the Respondent’s integrity and reliability, the past performance of the Respondent and the best interest of the DNR and the State.

“Responsive Proposal” means a Proposal that complies with the material provisions of this RFP.

“RFP” means this Request for Proposals and any attachments, exhibits, schedules or addenda hereto.

“State” means the State of Iowa, the DNR, and all state agencies, boards, and commissions, and any political subdivisions making purchases from the Contract as permitted by this RFP.

1.3 Overview of the RFP Process

This RFP is designed to provide Respondents with the information necessary for the preparation of competitive Proposals. The RFP process is for the DNR’s benefit and is intended to provide the DNR with competitive information to assist in the selection process. It is not intended to be comprehensive. Each Respondent is responsible for determining all factors necessary for submission of a comprehensive Proposal.

Respondent should review Attachment 3, Form 22 Request for Confidentiality, for more information if its Proposal contains confidential information. Any Proposal marked “Confidential” or “Proprietary” on every page may be disqualified.

Respondents will be required to email their Proposals. It is the DNR’s intention to evaluate Proposals from all Respondents that submit timely Responsive Proposals, and award the Contract(s) in accordance with Section 6, Evaluation and Selection.

1.4 Background Information

This RFP is designed to provide Contractors with the information necessary for the preparation of competitive Proposals. The RFP process is for the DNR’s benefit and is intended to provide the DNR with competitive information to assist in the selection process. It is not intended to be comprehensive. Each Contractor is responsible for determining all factors necessary for submission of a comprehensive Proposal. Through this RFP, the DNR is seeking to enter into a contract with a Contractor that will provide the services described herein.

The DNR seeks the services from a qualified Contractor to assess stormwater runoff potential for area contributing to the recreational sand area at Big Creek and Brushy Creek Beaches; identify a range of options for reducing stormwater flow and provide final design, including an estimate of probable costs, to reduce stormwater runoff these systems.

The intended objective of the stormwater management is to reduce the amount of runoff that washes across and through the sand of these beaches. Monitoring and analysis conducted by the Iowa Department of Natural Resources has shown that beach sands harbor a significant amount of E. coli bacteria and stormwater runoff across beach sand has been identified as a key mobilization pathway. Stormwater reduction strategies highlighted by this effort may be implemented in an effort to reduce contamination of recreational swimming areas adjacent to the beach.

Big Creek State Park Beach (Polk County, Iowa)- Estimated beach shed boundaries, consulting firm is responsible for full delineation of capture zone.

Brushy Creek State Park Beach (Webster County) - Estimated beachshed boundaries, consulting firm is responsible for full delineation of capture zone.

SECTION 2 ADMINISTRATIVE INFORMATION

2.1 Issuing Officer

The Issuing Officer identified in the RFP cover sheet is the sole point of contact regarding the RFP from the date of issuance until a Notice of Intent to Award the Contract is issued.

2.2 Restriction on Communication

From the issue date of this RFP until a Notice of Intent to Award the Contract is issued, Respondents may contact only the Issuing Officer. The Issuing Officer will respond only to written questions regarding the procurement process. Questions related to the interpretation of this RFP must be submitted as provided in Section 2. Oral questions related to the interpretation of this RFP will not be accepted. Respondents may be disqualified if they contact any State employee other than the Issuing Officer about the RFP except that Respondents may contact the State Targeted Small Business Office on issues related to the preference for Targeted Small Businesses.

This section will not be construed as restricting communications related to the administration of any contract currently in effect between a Respondent and the State.

2.3 Downloading the RFP from the Internet

The RFP document and any addenda to the RFP will be posted at http://bidopportunities.iowa.gov/. The Respondent is advised to check the website periodically for Addenda to this RFP, particularly if the Respondent downloaded the RFP from the Internet as the Respondent may not automatically receive addenda. It is the Respondent's sole responsibility to check daily for addenda to posted documents.

2.4 Procurement Timetable

The dates provided in the procurement timetable on the RFP cover sheet are provided for informational and planning purposes. The DNR reserves the right to change the dates. If the DNR changes any of the deadlines for Respondent submissions, the DNR will issue an addendum to the

RFP.

2.5 Questions, Requests for Clarification, and Suggested Changes Respondents are invited to email written questions and requests for clarifications regarding the RFP. Respondents may also email suggestions for changes to the specifications of this RFP. The questions, requests for clarifications, or suggestions must be in writing and received by the Issuing Officer on or before the date and time listed on the RFP cover sheet. Oral questions will not be permitted. If the questions, requests for clarifications, or suggestions pertain to a specific section of the RFP, Respondent should reference the page and section number(s). The DNR will email written responses to questions, requests for clarifications, or suggestions received from Respondents on before the date listed on the RFP cover sheet. The DNR’s written responses will become an addendum to the RFP. If the DNR decides to adopt a suggestion that modifies the RFP, the DNR will issue an addendum to the RFP.

The DNR assumes no responsibility for oral representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP through an addendum.

http://bidopportunities.iowa.gov/

2.6

2.7

2.8

2.9

Amendment to the RFP The DNR reserves the right to amend the RFP at any time using an addendum. The Respondent must acknowledge receipt of all addenda in its Proposal. If the DNR issues an addendum after the due date for receipt of Proposals, the DNR may, in its sole discretion, allow Respondents to amend their Proposals in response to the addendum.

Amendment and Withdrawal of Proposal The Respondent may amend or withdraw and resubmit its Proposal at any time before the Proposals are due. The amendment must be in writing, signed by the Respondent and received by the time set for the receipt of Proposals. Electronic mail and faxed amendments will not be accepted. Respondents must notify the Issuing Officer in writing prior to the due date for Proposals if they wish to completely withdraw their Proposals.

Submission of Proposals The DNR is requiring each Respondent to EMAIL its Bid Proposal to procurement@dnr.iowa.gov so that it is received by the Issuing Officer no later February 23, 2024 at 2:00 PM Central Time.

The Respondent must ensure the subject line of the email includes the RFP number as identified in the solicitation document. This is a mandatory specification and will not be waived by the DNR. Any Bid Proposal received after this deadline will be rejected. It is the Respondent’s responsibility to ensure that the Bid Proposal is received prior to the deadline.

Respondents must furnish all information necessary to enable the DNR to evaluate the Proposal.

Oral information provided by the Respondent will not be considered part of the Respondent's Proposal unless it is reduced to writing.

Proposal Opening The DNR will open Proposals after the deadline for submission of Proposals has passed. The Proposals will remain confidential until the DNR has issued a Notice of Intent to Award a Contract.

See Iowa Code Section 72.3. However, the names of Respondents who submitted timely Proposals will be publicly available after the Proposal opening. The announcement of Respondents who timely submitted Proposals does not mean that an individual Proposal has been deemed technically compliant or accepted for evaluation.

2.10 Costs of Preparing the Proposal

The costs of preparation and delivery of the Proposal are solely the responsibility of the Respondent.

2.11 No Commitment to Contract

The DNR reserves the right to reject any or all Proposals received in response to this RFP at any time prior to the execution of the Contract. Issuance of this RFP in no way constitutes a commitment by the DNR to award a contract.

2.12 Rejection of Proposals

The DNR may reject outright and not evaluate a Proposal for reasons including, without limitation:

2.12.1 The Respondent fails to email the Proposal by the due date and time.

mailto:procurement@dnr.iowa.gov

2.12.2 The Respondent acknowledges that a mandatory specification of the RFP cannot be met.

2.12.3 The Respondent's Proposal changes a material specification of the RFP or the Proposal is not compliant with the mandatory specifications of the RFP.

2.12.4 The Respondent’s Proposal limits the rights of the DNR.

2.12.5 The Respondent fails to include information necessary to substantiate that it will be able to meet a specification of the RFP as provided in Section 3 of this RFP.

2.12.6 The Respondent fails to timely respond to the DNR's request for information, documents, or references.

2.12.7 The Respondent fails to include Proposal Security, if required.

2.12.8 The Respondent fails to include any signature, certification, authorization, stipulation, disclosure or guarantee as provided in Section 3 of this RFP.

2.12.9 The Respondent presents the information requested by this RFP in a format inconsistent with the instructions of the RFP or otherwise fails to comply with the specifications of this RFP.

2.12.10 The Respondent initiates unauthorized contact regarding the RFP with a State employee other than the Issuing Officer.

2.12.11 The Respondent provides misleading or inaccurate responses.

2.12.12 The Respondent’s Proposal is materially unbalanced.

2.12.13 There is insufficient evidence (including evidence submitted by the Respondent and evidence obtained by the DNR from other sources) to satisfy the DNR that the Respondent is a Responsible Respondent.

2.12.14 The Respondent alters the language in Attachment 1, Certification Letter or Attachment 2, Authorization to Release Information letter.

2.12.15 The Respondent is a “scrutinized company” included on a “scrutinized company list” created by a public fund pursuant to Iowa Code section 12J.3.

2.12.16 The Respondent has defaulted or had a similar contract terminated for cause in the last 24 months.

2.13 Nonmaterial Variances

The DNR reserves the right to waive or permit cure of nonmaterial variances in the Proposal if, in the judgment of the DNR, it is in the State’s best interest to do so. Nonmaterial variances include but are not limited to, minor failures to comply that: do not affect overall responsiveness, are merely a matter of form or format, do not change the relative standing or otherwise prejudice other Respondents, do not change the meaning or scope of the RFP, or do not reflect a material change in the specifications of the RFP. In the event the DNR waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFP specifications or excuse the Respondent from full compliance with RFP specifications or other Contract specifications if the Respondent is awarded the Contract. The determination of materiality is in the sole discretion of the DNR.

2.14 Reference Checks

The DNR reserves the right to contact any reference to assist in the evaluation of the Proposal, to verify information contained in the Proposal and to discuss the Respondent’s qualifications and the qualifications of any subcontractor identified in the Proposal.

2.15 Information from Other Sources

The DNR reserves the right to obtain and consider information from other sources concerning a Respondent, such as the Respondent’s capability and performance under other contracts, the qualifications of any subcontractor identified in the Proposal, the Respondent’s financial stability, past or pending litigation, and other publicly available information.

2.16 Verification of Proposal Contents

The content of a Proposal submitted by a Respondent is subject to verification. If the DNR determines in its sole discretion that the content is in any way misleading or inaccurate, the DNR may reject the Proposal.

2.17 Proposal Clarification Process

The DNR reserves the right to contact a Respondent after the submission of Proposals for the purpose of clarifying a Proposal. This contact may include written questions, interviews, site visits, a review of past performance if the Respondent has provided goods and/or services to the State or any other political subdivision wherever located, or requests for corrective pages in the Respondent’s Proposal. The DNR will not consider information received from or through Respondent if the information materially alters the content of the Proposal or the type of goods and/or services the Respondent is offering to the DNR. An individual authorized to legally bind the Respondent must sign responses to any request for clarification. Responses must be submitted to the DNR within the time specified in the DNR's request. Failure to comply with requests for additional information may result in rejection of the Proposal.

2.18 Disposition of Proposals

All Proposals become the property of the State and will not be returned to the Respondent. Once the DNR issues a Notice of Intent to Award the Contract, the contents of all Proposals will be public records available for inspection by interested parties, except for information for which Respondent properly requests confidential treatment according to exceptions provided in Iowa Code Chapter 22 or other applicable law.

2.19 Public Records and Requests for Confidential Treatment

The DNR’s release of public records is governed by Iowa Code chapter 22. Respondents are encouraged to familiarize themselves with Chapter 22 before submitting a Proposal. The DNR will copy and produce public records upon request as required to comply with Chapter 22 and will treat all information submitted by a Respondent as non-confidential records unless Respondent requests specific parts of the Proposal be treated as confidential at the time of the submission as set forth herein AND the information is confidential under Iowa or other applicable law.

2.20 Form 22 - Request for Confidentiality

FORM 22 MUST BE COMPLETED AND INCLUDED WITH RESPONDENT’S PROPOSAL. COMPLETION

AND SUBMITTAL OF FORM 22 IS REQUIRED WHETHER THE PROPOSAL DOES OR DOES NOT

CONTAIN INFORMATION FOR WHICH CONFIDENTIAL TREATMENT WILL BE REQUESTED. FAILURE

TO SUBMIT A COMPLETED FORM 22 WILL RESULT IN THE PROPOSAL BEING CONSIDERED NON-

RESPONSIVE AND ELIMINATED FROM EVALUATION.

2.21 Copyright Permission

By submitting a Proposal, the Respondent agrees that the DNR may copy the Proposal for purposes of facilitating the evaluation of the Proposal or to respond to requests for public records.

By submitting a Proposal, the Respondent consents to such copying and warrants that such copying will not violate the rights of any third party. The DNR will have the right to use ideas or adaptations of ideas that are presented in Proposals.

2.22 Release of Claims

By submitting a Proposal, the Respondent agrees that it will not bring any claim or cause of action against the DNR based on any misunderstanding concerning the information provided in the RFP or concerning the DNR's failure, negligent or otherwise, to provide the Respondent with pertinent information in this RFP.

2.23 Respondent Presentations

Respondents may be required to make a presentation. The determination as to need for presentations, and the location, order, and schedule of the presentations is at the sole discretion of the DNR. The presentation may include slides, graphics and other media selected by the Respondent to illustrate the Respondent’s Proposal. The presentation can not materially change the information contained in the Proposal.

2.24 Evaluation of Proposals Submitted

Proposals that are timely submitted and are not rejected will be reviewed and evaluated in accordance with Section 6 of the RFP. The DNR will not necessarily award a Contract resulting from this RFP to the Respondent offering the lowest cost. Instead, the DNR will award the Contract(s) to the Responsible Respondent(s) whose Responsive Proposal the DNR believes will provide the best value to the DNR and the State.

2.25 Award Notice and Acceptance Period

Notice of Intent to Award the Contract(s) will be sent to all Respondents submitting a timely Proposal and may be posted at the website shown on the RFP cover sheet. Negotiation and execution of the Contract(s) must be completed no later than thirty (30) days from the date of the Notice of Intent to Award or such other time as designated by DNR. If the successful Respondent fails to negotiate and deliver an executed Contract by that date, the DNR, in its sole discretion, may cancel the award and award the Contract to the remaining Respondent the DNR believes will provide the best value to the State.

2.26 No Contract Rights until Execution

No Respondent will acquire any legal or equitable rights regarding the Contract unless and until the Contract has been fully executed by the successful Respondent and the DNR.

2.27 Choice of Law and Forum

This RFP and the Contract will be governed by the laws of the State of Iowa. Changes in applicable laws and rules may affect the award process or the Contract. Respondents are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP will be brought in the appropriate Iowa forum.

2.28 Restrictions on Gifts and Activities

Iowa Code Chapter 68B restricts gifts which may be given or received by State employees and requires certain individuals to disclose information concerning their activities with State government. Respondents are responsible to determine the applicability of this Chapter 68B to their activities and to comply with its requirements. In addition, pursuant to Iowa Code section 722.1, it is a felony offense to bribe or attempt to bribe a public official.

SECTION 3 FORM AND CONTENT OF PROPOSALS

3.1 Instructions

These instructions prescribe the format and content of the Proposal. They are designed to facilitate a uniform review process. Failure to adhere to the Proposal format may result in the rejection of the Proposal.

3.1.1 The Proposal will be divided into two parts: (1) the Technical Proposal and (2) the Cost Proposal that must be emailed to procurement@dnr.iowa.gov no later than February 23, 2024 at 2:00 PM Central Time. This is a mandatory specification and will not be waived by the DNR. Any Proposal received after this deadline will be rejected.

Technical Proposal Contents Original Technical Proposal Public Copy (if submitted)

Cost Proposal Contents Original Cost Proposal

3.1.2 If the Respondent designates any information in its Proposal as confidential pursuant to Section 2, the Respondent must also submit one (1) copy of the Proposal from which confidential information has been excised as provided in Section 2 and which is marked “Public Copy”.

3.1.3 Proposals should not contain promotional or display materials.

3.1.4 Attachments are to be referenced in the Proposal.

3.1.5 If a Respondent proposes more than one solution to the RFP specifications, each must be labeled and submitted in a separate Proposal and each will be evaluated separately.

3.2 Technical Proposal

The following documents and responses must be included in the Technical Proposal in the order given below. Items listed in Section 3.2 will be considered in the evaluation and scoring of the Technical Proposals:

3.2.1 Transmittal Letter (Required)

An individual authorized to legally bind the Respondent must sign the transmittal letter.

The letter must include the Respondent’s mailing address, electronic mail address, fax number, and telephone number.

The Respondent must prepare an executive summary and overview of the goods and/or services it is offering, including all of the following information:

3.2.1.1 Statements that demonstrate that the Respondent has read, understands and agrees with the terms and conditions of the RFP including the Contract provisions in Section 7.

mailto:procurement@dnr.iowa.gov

3.2.1.2 An overview of the Respondent’s plans for complying with the specifications of this RFP.

3.2.1.3 Any other summary information the Respondent deems to be pertinent.

3.2.2 Mandatory Specifications and Scored Technical Specifications The Respondent must answer whether or not it will comply with each specification in Section 5 of the RFP. Where the context requires more than a yes or no answer or the specific specification so indicates, Respondent must explain how it will comply with the specification. Merely repeating the Section 5 specifications may be considered non-responsive and result in the rejection of the Proposal. Proposals must identify any deviations from the specifications of the RFP or specifications the Respondent cannot satisfy. If the Respondent deviates from or cannot satisfy the specification(s) of this section, the DNR may reject the Proposal.

3.2.3 Respondent Background Information

The Respondent must provide the following general background information:

3.2.3.1 Name, address, telephone number, fax number and e-mail address of the Respondent including all d/b/a’s or assumed names or other operating names of the Respondent and any local addresses and phone numbers.

3.2.3.2 Form of business entity, e.g., corporation, partnership, proprietorship, limited liability company.

3.2.3.3 State of incorporation, state of formation, or state of organization.

3.2.3.4 The location(s) including address and telephone numbers of the offices and other facilities that relate to the Respondent’s performance under the terms of this RFP.

3.2.3.5 Type of business.

3.2.3.6 Name, address and telephone number of the Respondent’s representative to contact regarding all contractual and technical matters concerning the Proposal.

3.2.3.7 Name, address and telephone number of the Respondent’s representative to contact regarding scheduling and other arrangements.

3.2.3.8 Name, contact information and qualifications of any subcontractors who will be involved with this project the Respondent proposes to use and the nature of the goods and/or services the subcontractor would perform.

3.2.3.9 The successful Respondent will be required to register to do business in Iowa before payments can be made.

For vendor registration documents, go to:

https://das.iowa.gov/procurement/vendors/how-do-business

3.2.4 Experience

The Respondent must provide the following information regarding its experience:

3.2.4.1 Number of years in business.

3.2.4.2 Number of years of experience with providing the types of goods and/or services sought by the RFP.

3.2.4.3 The level of technical experience in providing the types of goods and/or services sought by the RFP.

3.2.4.4 A list of all goods and/or services similar to those sought by this RFP that the Respondent has provided to other businesses or governmental entities.

3.2.4.5 Letters of reference from three (3) previous customers or clients knowledgeable of the Respondent’s performance in providing goods and/or services similar to the goods and/or services described in this RFP and a contact person and telephone number for each reference.

3.2.5 Acceptance of Terms and Conditions

By submitting a Proposal, Respondent acknowledges its acceptance of the terms and conditions of the RFP and the General Terms and Conditions without change except as otherwise expressly stated in its Proposal. If the Respondent takes exception to a provision, it must identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP or General Terms and Conditions language it proposes to include in place of the provision. If Respondent’s exceptions or responses materially alter the RFP, or if the Respondent submits its own terms and conditions or otherwise fails to follow the process described herein, the DNR may reject the Proposal, in its sole discretion.

3.2.6 Authorization to Release Information

The Respondent must sign and submit with the Proposal the document included as Attachment #2 (Authorization to Release Information Letter) in which the Respondent authorizes the release of information to the DNR.

3.2.7 Firm Proposal Terms

The Respondent must guarantee in writing the goods and/or services offered in the Proposal are currently available and that all Proposal terms, including price, will remain https://das.iowa.gov/procurement/vendors/how-do-business firm for the number days indicated on the RFP cover sheet following the deadline for submitting Proposals.

3.3 Cost Proposal

The Respondent must provide its Cost Proposal in a separate attachment for the proposed goods and/or services. See Attachment #5.

3.3.1 Payment Methods

The State of Iowa, in its sole discretion, will determine the method of payment for goods and/or services as part of the Contract. The State Pcard and EAP are preferred payment methods, but payments may be made by any of the following methods: Pcard/EAP, EFT/ACH, or State Warrant. Respondents should indicate in their Cost Proposals all of the payment methods they will accept. This information will not be scored as part of the Cost Proposal or evaluated as part the Technical Proposal.

3.3.1.1 Credit card or ePayables

The State of Iowa’s Purchasing Cards (Pcards) and ePayable solution (EAP) are commercial payment methods utilizing the VISA credit card network. The State of Iowa will not accept price changes or pay additional fees if Respondent uses the Pcard or EAP payment methods. Pcard-accepting Respondents must abide by the State of Iowa’s Terms of Pcard Acceptance, as provided in Section 7.7 of the RFP. Respondents must provide a statement regarding their ability to meet the requirements I this subsection, as well as identifying their transaction reporting capabilities (Level I, II, or III).

3.3.1.2 Electronic Funds Transfer (EFT) by Automated Clearing House (ACH) Respondents should provide a statement regarding their ability to accept payment by EFT by ACH. Payments are deposited into the financial institution of the claimant's choice three working days from the issue date of the direct deposit.

https://das.iowa.gov/sites/default/files/acct_sae/man_for_ref/forms/eft_a uthorization_form.pdf

3.3.1.3 State Warrant

The State of Iowa's warrant drawn on the Treasurer of State is used to pay claims against the departments of the State of Iowa. The warrant is issued upon receipt of proper documentation from the issuing department.

3.3.2 Payment Terms

Per Iowa Code 8A.514 the State of Iowa is allowed sixty (60) days to pay an invoice submitted by a Contractor.

3.3.3 Respondent Discounts

Respondents should state in their Cost Proposals whether they offer any payment discounts, including but not limited to:

3.3.3.1 Prompt Payment Discount

https://das.iowa.gov/sites/default/files/acct_sae/man_for_ref/forms/eft_authorization_form.pdf https://das.iowa.gov/sites/default/files/acct_sae/man_for_ref/forms/eft_authorization_form.pdf

The State can agree to pay in less than sixty (60) days if an incentive for earlier payment is offered.

3.3.3.2 Cash Discount

The State may consider cash discounts when scoring Cost Proposals.

SECTION 4 DESCRIPTION OF WORK AND STATEMENT OF WORK

Overview. The DNR reserves the right to determine whether the supportive materials submitted by the Contractor demonstrate the Contractor will be able to comply with the Mandatory Requirements. If the DNR determines the supportive materials do not demonstrate the Contractor will be able to comply with the Mandatory Requirements, the DNR may disqualify the Bid Proposal. The successful Contractor shall be obligated to provide all goods and/or services specified in this Section.

The successful Contractor shall provide the goods and/or services to the DNR using the Contract in accordance with the specifications and technical requirements as provided in this Section. The Contractor shall address each requirement in this Section and indicate whether or not it will comply with the requirement. If the context requires more than a yes or no answer or the section specifically indicates, the Contractor shall explain how it will comply with the requirement. Proposals must address each requirement. Merely repeating the requirements may be considered non-responsive and may disqualify the Contractor. Proposals must identify any deviations from the requirements of this RFP or requirements the Contractor cannot satisfy. If the Contractor deviates from or cannot satisfy the requirement(s) of this section, the DNR may reject the Proposal.

Contractors Proposals must include a detailed Work Plan explaining how they intend to complete all Tasks listed in the Scope of Work contained in section 4.2, provide the Deliverables, and obtain the State’s acceptance of all Deliverables. The Work Plan shall include, but is not limited to:

• Detailed description of how the Contractor proposes to complete each of the Tasks described in the Scope of Work contained in section 4.2, including.

• Detailed schedule for completion of each of the Tasks described in the Scope of Work contained in section 4.2, based on the number of hours, days and weeks required for completing each Task, and specifying start and end dates for each Task, and having final drafts of all Deliverables submitted to the DNR for approval by specific dates.

• Detailed description of the level of qualifications of the Contractors personnel who will perform each of the Tasks described in the Scope of Work contained in section 4.2.

• The proposed approach to coordinating the responsibilities of DNR staff with those of the Contractor to ensure overall project success and to ensure that knowledge transfer occurs.

• Description of what methodology, tools, standards and procedures the Contractor will use to obtain DNR acceptance of the work performed by the Contractor under the contract.

• Description of how the Contractor will manage, prioritize, and control the project including a description of project management structure and an organization chart.

Description of Statement of Work. The purpose of this RFP is to select a qualified Contractor to perform engineering design of various stormwater and/or beach treatment options (infiltration based practices) at Big Creek State Park (Polk County, Iowa) and Brushy Creek State Park (Webster County, Iowa) to reduce environmental risks of beach users. The proposed practices should address stormwater runoff and reduce levels of E. coli.

Final Designs and Estimate Probable Costs Description: Contractor shall utilize historic TMDL documents/studies to provide final designs of Best Management Practices, in consultation with DNR, to reduce environmental risks (Primarily E. coli) associated with recreating at Big Creek and Brushy Creek Beaches. All data and deliverables shall become property of the DNR

Statement of Work. Contractor must perform the following Tasks by the Task Milestone Dates set out in the following table:

Deliverable Task Milestone Date Task 1: Project management and Coordination Description: Initial Meeting. Contractor shall meet with the DNR within 5 business days of DNR requesting to confirm goals and expectations, and project timelines and to establish the communication network critical for the Projects’ success from inception through the design.

No later than April 30, Task 2: Delineation of the watershed boundary that contributes surface flow to the beach sand area (herein referred to as beach shed) of Big Creek and Brushy Creek Lake beaches Description: Contractor shall delineate the beachshed for both Big Creek and Brushy Creek Beaches.

No later than August 31, Task 3: Best Management Practices designs and estimate of probable costs.

Description: Contractor shall evaluate and design BMP scenarios to treat stormwater within the beachshed, quantify the estimated stormwater reductions from each practice and estimate probable costs for the project at Big Creek and Brushy Creek State Parks.

No later than March 1, Task 4: Additional Services Description: Any such additional service shall be subject to the hourly rate proposed by the Contractor as part of this response.

Additional services may include, but are not limited to, work described in Task 1 through Task 5 associated with the Project, given a DNR decision to pursue additional services. Claims made for reimbursement for these services under any resulting contract shall be subject to a work authorization approved by the DNR under the contract for such additional services.

No later than January 1, Task 5: Final Report Description: Contractor Shall produce a report outlining the findings of the project and all data associated with the completion of the study to DNR in a electronic format approved by DNR.

No later than March 1, SECTION 5 SPECIFICATIONS

Reserved

SECTION 6 EVALUATION AND SELECTION

6.1 Introduction

This section describes the evaluation process that will be used to determine which Proposal(s) provides the greatest benefit to the State. DNR will not necessarily award the Contract to the Respondent offering the lowest cost to the DNR. Instead, the DNR will award to the Respondent whose Responsive Proposal the DNR believes will provide the best value to the State.

6.2 Evaluation Committee

The DNR will conduct a comprehensive, fair, and impartial evaluation of Proposals received in response to this RFP. The DNR will use an evaluation committee to review and evaluate the Technical Proposals. The evaluation committee will recommend an award based on the results of their evaluation to the DNR or to such other person or entity who must approve the recommendation.

6.3 Technical Proposal Evaluation and Scoring

All Technical Proposals will first be reviewed to determine if they comply with the Mandatory Specifications. The Technical Proposals will then be evaluated and scored on the Scored Technical Specifications described in Section 5.1 and 5.2. To be deemed a Responsive Proposal, the Proposal must:

• Answer “Yes” to all parts of Section 5.1 and include supportive materials as required to demonstrate the Respondent will be able to comply with the Mandatory Specifications in that section and

• Obtain the minimum score for the Technical Proposal.

Evaluation Criteria. Evaluation of proposals will be based on the following criteria, which are not listed in any particular order of importance. Criterion: (Possible 100 Points).

6.3.1 Cost. (30) Points)

6.3.2 Respondent’s professional experience, performance record, and letter(s) of reference.

(10 Points)

6.3.3 Compliance and thoroughness of Respondent’s response to RFP Technical Proposal. (10 Points)

6.3.4 The capacity of the Respondent and Project Team to complete responsibilities described in the Statement of Work. 15 Points)

6.3.5 Respondent’s work plan to complete responsibilities described in the Statement of Work. (15 Points)

6.3.6 Respondent’s proposed implementation timeline to complete responsibilities described in the Statement of Work. (10 Points)

6.3.7 Respondent’s actual examples provided to the DNR with Proposal of Respondents previous or current work from customers or clients similar to the goods and/services sought in the Statement of Work. (10 Points)

6.4 Cost Proposal Scoring

The Cost Proposals will remain sealed during the evaluation of the Technical Proposals and any demonstrations. Only prospective Respondents who obtain the minimum score for their Technical Proposal will be considered during the cost evaluation phase of the review process. When a Technical Proposal does not meet the minimum score, the associated Cost Proposal will remain unopened and will be returned to the Respondent upon request after the Lead State issues a Notice of Intent to Award the Contract. After the Technical Proposals are evaluated and scored, the Cost Proposals will be opened and scored.

To assist the DNR in evaluating, Cost Proposals may be evaluated and points awarded as follows:

1) The Cost Proposals will be ranked from least to most expensive.

2) The least expensive Cost Proposal will receive the maximum number of points available.

3) To determine the number of points to be awarded to all other Cost Proposals, the least expensive Cost Proposal will be used in all cases as the numerator. Each of the other Cost Proposals will be used as the denominator per the example below.

4) The percentage will then be multiplied by the maximum number of available points and the resulting number will be the cost points awarded to other compliant Respondents.

Percentages and points will be rounded to the nearest whole value.

Example:

Respondent A quotes $35,000, Respondent B quotes $45,000, and Respondent C quotes

$65,000.

Respondent A: $35,000 = receives 100% of available points on cost.

$35,000

Respondent B: $35,000 = receives 78% of available points on cost.

$45,000

Respondent C: $35,000 = receives 54% of available points on cost.

$65,000

6.5 Total Score

The compliant Respondent’s Technical Proposal points will be added to its Cost Proposal points to obtain the total points awarded for the Proposal.

6.6 Tied Score and Preferences

6.6.1 An award will be determined by a drawing when responses are received that are equal in all respects and tied in price. Whenever it is practical to do so, the drawing will be held in the presence of the Respondents who are tied in price. Otherwise the drawing will be made in front of at least three non-interested parties. All drawings will be documented.

6.6.2 Notwithstanding the foregoing, if a tied score involves an Iowa-based Respondent or products produced within the State of Iowa and a Respondent based or products produced outside the State of Iowa, the Iowa Respondent will receive preference. If a tied score involves one or more Iowa Respondents and one or more Respondents outside the state of Iowa, a drawing will be held among the Iowa Respondents only.

6.6.3 In the event of a tied score between Iowa Respondents, the DNR will contact the Iowa Employer Support of the Guard and Reserve (ESGR) committee for confirmation and verification as to whether the Respondents have complied with ESGR standards.

Preference, in the case of a tied score, will be given to Iowa Respondents complying with ESGR standards.

6.6.4 Second preference in tied scores will be given to Respondents based in the United States or products produced in the United States over Respondents based or products produced outside the United States.

6.6.5 Preferences required by applicable statute or rule will also be applied, where appropriate.

SECTION 7 CONTRACT TERMS AND CONDITIONS

7.1 Contract Terms and Conditions

The Contract that the DNR expects to award as a result of this RFP will comprise the specifications, terms and conditions of the RFP, written clarifications or changes made by the DNR to the RFP through an amendment to the RFP in accordance with the provisions of the RFP, the General Terms and Conditions, the offer of the successful Respondent contained in its Proposal, and any other terms deemed necessary by the DNR. No objection or amendment by a Respondent to the provisions or terms and conditions of the RFP or the General Terms and Conditions will be incorporated into the Contract unless DNR has explicitly accepted the Respondent’s objection or amendment in writing.

The Contract terms and conditions in this Section 7 and the General Terms and Conditions will be incorporated into the Contract. The General Terms and Conditions may be supplemented at the time of contract execution and are provided to enable Respondents to better evaluate the costs associated with the RFP specifications and the Contract. All costs associated with complying with these specifications should be included in any pricing quoted by the Respondent.

By submitting a Proposal, Respondent acknowledges its acceptance of the terms and conditions of the RFP and the General Terms and Conditions without change except as otherwise expressly stated in its Proposal. If the Respondent takes exception to a provision, it must identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP or General Terms and Conditions language it proposes to include in place of the provision. If Respondent’s exceptions or proposed responses materially alter the RFP, or if the Respondent submits its own terms and conditions or otherwise fails to follow the process described herein, the DNR may reject the Proposal, in its sole discretion.

The DNR reserves the right to either award a Contract(s) without further negotiation with the successful Respondent or to negotiate Contract terms with the successful Respondent if the best interests of the State would be served.

7.2 Terms and Conditions for State of Iowa Purchasing Cards

The State of Iowa will pay Contractor’s invoices using its Purchasing Card Program (Pcard) whenever possible. The Pcard is a VISA credit card issued by U.S. Bank to allow authorized employees to make purchases on behalf of the State. It is a faster, more convenient alternative to traditional invoicing and remittance processing, allowing US Bank to pay the Contractor directly, generally within 48 hours of the transaction. Contractor will comply with security measures for Pcard payments including:

• Contractor will comply with Payment Card Industry Data Security Standard (PCI DSS) to assure confidential card information is not compromised;

• Contractor will adhere to Fair and Accurate Credit Transactions Act requirements that limit the amount of consumer and account information shared for greater security protection;

• Contractor will not write down card numbers or store card information. When accepting orders by phone, Contractor will process the transaction during the call and send itemized receipts (excluding card numbers) to the cardholder by fax, email, or mail (with delivery);

• Contractor will process payment for items when an order is placed only for items currently in stock and available for shipment, and only for services already rendered;

https://www.pcisecuritystandards.org/security_standards/ http://www.ftc.gov/os/statutes/fcrajump.shtm

• Contractor will confirm that the name of purchaser matches the name on the card;

• Contractor will ensure Internet orders are processed via secure websites, featuring Verisign, TRUSTe, BBBOnline, or “https” in the web address;

• Contractor will shred any documentation with credit card numbers.

Attachment # 1 Certification Letter

Alterations to this document are prohibited, see section 2.14.14.

[Date]

Philip Payton, Issuing Officer

DNR

502 E 9th St, Des Moines, IA 50319

Re: 24ESDWQBPPAYT-0055 - PROPOSAL CERTIFICATIONS

Dear Issuing Officer Name:

I certify that the contents of the Proposal submitted on behalf of [Name of Respondent]_______________________________ (Respondent) in response to DNR for 24ESDWQBPPAYT-0055 are true and accurate. I also certify that Respondent has not knowingly made any false statements in its Proposal.

Certification of Independence

I certify that I am a representative of Respondent expressly authorized to make the following certifications in behalf of Respondent. By submitting a Proposal in response to the RFP, I certify in behalf of the Respondent the following:

1. The Proposal has been developed independently, without consultation, communication or agreement with any employee or consultant to the DNR or with any person serving as a member of the evaluation committee.

2. The Proposal has been developed independently, without consultation, communication or agreement with any other Respondent or parties for the purpose of restricting competition.

3. Unless otherwise required by law, the information found in the Proposal has not been and will not be knowingly disclosed, directly or indirectly prior to DNR’s issuance of the Notice of Intent to Award the contract.

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

5. No relationship exists or will exist during the contract period between Respondent and the DNR or any other State DNR that interferes with fair competition or constitutes a conflict of interest.

Certification Regarding Debarment

6. I certify that, to the best of my knowledge, neither Respondent nor any of its principals: (a) are presently or have been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal DNR or State DNR; (b) have within a three year period preceding this Proposal been convicted of, or had a civil judgment rendered against them for commission of fraud, a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of antitrust statutes; commission of embezzlement, theft, forgery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are presently indicted for or criminally or civilly charged by a government entity (federal, state, or local) with the commission of any of the offenses enumerated in (b) of this certification; and (d) have not within a three year period preceding this Proposal had one or more public transactions (federal, state, or local) terminated for cause.

This certification is a material representation of fact upon which the DNR has relied upon when this transaction was entered into. If it is later determined that Respondent knowingly rendered an erroneous certification, in addition to other remedies available, the DNR may pursue available remedies including suspension, debarment, or termination of the contract.

Certification Regarding Registration, Collection, and Remission of Sales and Use Tax

7. Pursuant to Iowa Code sections 423.2(10) and 423.5(4) (2016) a retailer in Iowa or a retailer maintaining a business in Iowa that enters into a contract with a state DNR must register, collect, and remit Iowa sales tax and Iowa use tax levied under Iowa Code chapter 423 on all sales of tangible personal property and enumerated services.