RFP.pdf

STATE OF NORTH DAKOTA

North Dakota Department of Water Resources 1200 Memorial Highway

Bismarck, ND 58504

REQUEST FOR PROPOSAL (RFP)

RFP Title: Missouri River Potential Intake Locations Investigation

RFP Number: 770.4200-24-001

Issued: February 13, 2024

TABLE OF CONTENTS

SECTION ONE – INSTRUCTIONS

1.1 PURPOSE OF RFP

1.2 PROCUREMENT OFFICER CONTACT INFORMATION

1.3 DEFINITIONS

1.4 RFP SCHEDULE

1.5 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

1.6 SECRETARY OF STATE REGISTRATION REQUIREMENTS

1.7 BIDDERS LIST REGISTRATION

1.8 STATE PROCUREMENT WEBSITE (SPO ONLINE)

1.9 AMENDMENTS TO THE RFP

1.10 DEADLINE FOR QUESTIONS AND OBJECTIONS

1.11 PREPROPOSAL CONFERENCE OR SITE INSPECTION

1.12 OFFER HELD FIRM

1.13 OFFEROR RESPONSIBLE FOR COSTS

1.14 TAXES

1.15 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

1.16 PROPOSAL OPENING

1.17 AMENDMENT AND WITHDRAWAL OF PROPOSALS

1.18 NEWS RELEASES

1.19 CONFLICT OF INTEREST

1.20 ATTEMPT TO INFLUENCE PROHIBITED

1.21 COLLUSION PROHIBITED

1.22 PROTEST AND APPEAL

1.23 SPECIFICATIONS PREPARED BY NON-STATE PERSONNEL

1.24 SUPPLIER REGISTRATION (PAYEE)

SECTION TWO – BACKGROUND

1.25 BACKGROUND INFORMATION

2.1 BUDGET

SECTION THREE – SCOPE OF WORK

3.1 ANTICIPATED PRODUCTS

3.2 SCOPE OF WORK

3.3 APPLICABLE DIRECTIVES

3.4 REQUIREMENTS

A. DELIVERABLES

B. LOCATION OF WORK/TRAVEL

C. STATE-FURNISHED PROPERTY/SERVICES

D. PROJECT MANAGEMENT PLAN

E. CONTRACT TERM, SCHEDULE, AND DELIVERABLES

3.5 EXPERIENCE AND QUALIFICATIONS

A. MINIMUM QUALIFICATIONS

B. EXPERIENCE

SECTION FOUR – PROPOSAL INSTRUCTIONS

4.1 PROPOSAL PREPARATION

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

4.3 PROPOSAL FORMAT

4.4 TECHNICAL PROPOSAL

4.5 COST PROPOSAL

SECTION FIVE – AWARD AND PROPOSAL EVALUATION

5.1 AWARD

5.2 RESPONSIVENESS

5.3 RESPONSIBILITY – SUPPLEMENTARY INVESTIGATION

5.4 EVALUATION CRITERIA

5.5 COST PROPOSAL EVALUATION

5.6 CLARIFICATIONS OF PROPOSALS – DISCUSSIONS

5.7 RIGHT OF REJECTION

5.8 BEST AND FINAL OFFERS

5.9 TIE PROPOSALS

5.10 NEGOTIATIONS

5.11 NOTICE OF INTENT TO AWARD

5.12 CONTRACT APPROVAL

5.13 EVALUATION DEBRIEFING

SECTION SIX – CONTRACT INFORMATION

6.1 NORTH DAKOTA CONTRACTUAL REQUIREMENTS – BACKGROUND

6.2 STATE CONTRACT TERMS AND CONDITIONS – OFFEROR’S PROPOSED CHANGES

6.3 CONTRACT PROVISIONS

A. CONTRACT TYPE

B. PAYMENT PROCEDURES

C. INSPECTION & MODIFICATION

D. CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

E. PURCHASING CARD

6.4 CONTRACTUAL TERMS AND CONDITIONS – NO MATERIAL CHANGES

6.5 SCOPE OF WORK

6.6 CONTRACT TERM

6.7 RIGHT TO INSPECT PLACE OF BUSINESS

ATTACHMENTS

Attachment 1 – Technical Proposal Evaluation Worksheet Attachment 2 – Sample Contract Attachment 3 – Relevant Studies

SECTION ONE – INSTRUCTIONS

1.1 PURPOSE OF RFP

The State of North Dakota, acting through its Department of Water Resources (the STATE) is soliciting proposals for the efficient and exhaustive search, collection, documentation, and presentation of information necessary for the STATE to determine optimal water intake locations throughout the Missouri River corridor from the Montana border to Washburn, ND for industrial development.

1.2 PROCUREMENT OFFICER CONTACT INFORMATION

The Procurement Officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the Procurement Officer. Do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Sindhuja S.Pillai-Grinolds EMAIL: spillai@nd.gov

PHONE: (701) 328-4954

TTY Users call: 7-1-1

A person or firm interested in submitting a proposal should ensure all communications related to the procurement are only with the designated point of contact. This section does not restrict communication with state officials or any member of the legislative assembly unless the state official or member of the legislative assembly is involved directly with the procurement for which the person is interested or has submitted a bid or proposal (N.D.C.C. § 54-44.4-01.1).

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. (N.D.A.C. § 4-12-05-04(7))

1.3 DEFINITIONS

For the purposes of this RFP, the acronyms and defined terms are as follows:

Acronym or Term Name or Definitions Contractor Entity that has an approved contract with the State of North Dakota CT Central Time Zone OMB Office of Management and Budget RFP Request for Proposal Solicitation Closing Deadline for receipt of proposals listed in the RFP Schedule SPO Office of Management and Budget, State Procurement Office SPO Online State Procurement Office Online system Offeror Entity that is submitting a proposal in response to RFP

1.4 RFP SCHEDULE

EVENT DATE and TIME

RFP issued February 13, 2024 Deadline for submission of Questions and Objections February 20, 2024, by 5:00 PM, CT Solicitation Amendment with responses to Questions issued approximately (if required) February 27, 2024

EVENT DATE and TIME Deadline for receipt of proposals (Solicitation Closing) March 5, 2024, by 5:00 PM, CT Proposal evaluation completed by approximately March 22, 2024 Notice of intent to award issued approximately April 11, 2024 Secretary of State Registration, if determined to be required. Prior to Contract Signing

Contract start approximately April 18, 2024

1.5 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the RFP, including any events in the RFP schedule, so reasonable accommodations can be made.

1.6 SECRETARY OF STATE REGISTRATION REQUIREMENTS

The North Dakota Secretary of State has registration requirements for individuals and businesses transacting business in North Dakota. If the successful Offeror is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered before the contract award and registration must remain active for the duration of the contract period (N.D.C.C. § 54-44.4-09.1)

• See the OMB Guidelines to Vendor Registry for more information.

Visit the Secretary of State's Vendor Registration webpage for information on registration requirements and fees. Visit FirstStop, the Secretary of State's business and licensing software, for online form options.

• Check the Business Records database to see if a business is registered.

• Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1).

• If you need to register, fees apply.

• Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference.

1.7 BIDDERS LIST REGISTRATION

Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List. (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder. The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

The commodity codes used for this solicitation are:

890 Water Supply, Groundwater, Sewage Treatment, and Related Equipment 913-60 Construction, Water System/Plants, Main and Service Line 918-82 Scientific/Technical Consulting 925 Engineering Services, Professional 926 Environmental and Ecological Services 961-43 Hydrologic and Oceanography services 961-74 Scientist Services

Visit the OMB website for instructions and the online Bidders List Application:

Bidders List Registration Website

For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov.

1.8 STATE PROCUREMENT WEBSITE (SPO ONLINE)

This RFP and any related amendments and notices will be posted on the North Dakota OMB website using SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP: https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date.

Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors.

Offerors not having completed the Bidders List registration may request to receive notices related to this RFP by contacting the Procurement Officer in writing with the following information: RFP title, business name, contact person, mailing address, telephone number, and email address.

1.9 AMENDMENTS TO THE RFP

If an amendment to this RFP is issued, it will be provided to all Offerors on the Bidders List for the solicitation and to those prospective Offerors who have contacted the Procurement Officer to receive notices related to the RFP. An Offeror shall include in their proposal any required acknowledgements of amendments to the RFP.

1.10 DEADLINE FOR QUESTIONS AND OBJECTIONS

Offerors should carefully review the RFP including all Attachments. Offerors may ask questions to obtain clarification and request additional information, or object to material in the RFP. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the RFP Schedule.

If no deadline is specified, questions or objections must be received at least seven days prior to the Solicitation Closing deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Questions and objections should include a reference to the applicable RFP section or subsection. Email is the preferred method of submission with the RFP number and title cited in the email subject line.

Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the Offeror to a specific section of the RFP.

1.11 PREPROPOSAL CONFERENCE OR SITE INSPECTION

The STATE will not hold a preproposal conference or site inspection for this RFP.

1.12 OFFER HELD FIRM

Offerors must hold proposals firm for at least 90 days from the deadline for receipt of proposals (Solicitation Closing). The STATE may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.13 OFFEROR RESPONSIBLE FOR COSTS

Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any proposal including any travel and per diem associated with demonstrations and presentations.

1.14 TAXES

The STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. The state sales tax exemption number is E-2001, and certificates will be furnished upon request by the purchasing agency. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

The purchasing agency will determine if services provided under this contract are Form 1099 reportable.

The purchasing agency may require the contractor to submit an IRS Form W-9.

The state tax exemption number should not be used by contractors in the performance of a contract.

A contractor or service provider performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on materials, tangible personal property, and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701-328-1246 or visit their website at https://www.nd.gov/tax/tax-resources/ for more information.

A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees’ compensation and remit to the state as required by law.

Contact the North Dakota Tax Department at 701-328-1248 or visit their website for more information.

1.15 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

An Offeror is solely responsible for ensuring their proposal is received by the STATE prior to the Solicitation Closing deadline identified in the RFP schedule regardless of the method of submission. A solicitation amendment will be issued if this deadline is changed. An Offeror may contact the Procurement Officer to inquire whether their proposal has been received. Proposals delivered late will be rejected pursuant to N.D.A.C. § 4-12-08-13.

1.16 PROPOSAL OPENING

A public opening will not be held.

This is a formal sealed Request for Proposal (RFP) process. Proposals will be secured and held unopened until the Solicitation Closing deadline. Per N.D.A.C § 4-12-08-04, the openings may be made public at the discretion of the purchasing agency. If a public opening is held, only the names of Offerors that submitted proposals can be revealed at the opening, and each proposal will be opened in a manner to avoid disclosure of the contents to the competing Offerors.

1.17 AMENDMENT AND WITHDRAWAL OF PROPOSALS

Offeror may amend, supplement, or withdraw proposal prior to the Solicitation closing deadline. No changes will be accepted after the Solicitation closing deadline. After the Solicitation closing deadline, Offeror may make a written request to withdraw their proposal and shall provide evidence that a substantial mistake has been made, at which point the STATE may permit withdrawal.

1.18 NEWS RELEASES

Offerors shall not make any news releases related to this RFP without prior approval of the STATE.

1.19 CONFLICT OF INTEREST

Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or official knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with N.D.A.C. § 4-12-04-04. (N.D.C.C. § 12.1-13-03)

Persons employed by the State of North Dakota, or within one year thereafter, may be prohibited from acquiring a pecuniary interest in a public contract or transaction. Offerors should review N.D.C.C. § 12.1- 13-02 to ensure compliance and avoid such conflict(s) of interest.

1.20 ATTEMPT TO INFLUENCE PROHIBITED

Offerors must not give or offer to give anything to a state employee or official that might influence or appear to influence procurement decisions. Suspected attempts to influence will be handled in accordance with N.D.A.C. § 4-12-04-05.

1.21 COLLUSION PROHIBITED

Offerors must prepare proposals independently, without collusion. Suspected collusion will be handled in accordance with N.D.A.C § 4-12-04-06.

1.22 PROTEST AND APPEAL

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-

01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protests based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

An Offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-02. The protest must be submitted in writing to the Procurement Officer during the protest period, which is seven calendar days beginning the day after the notice of intent to award is issued.

The protestor may appeal the decision of the Procurement Officer to the Director of OMB or designee in writing within seven calendar days after receiving notice of the decision pursuant to N.D.C.C. § 54-44.4- 12 and N.D.A.C. § 4-12-14-03.

1.23 SPECIFICATIONS PREPARED BY NON-STATE PERSONNEL

When a purchasing agency has specifications prepared by someone other than a state employee or official on behalf of the STATE, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

1.24 SUPPLIER REGISTRATION (PAYEE)

The successful Offeror will be required to complete Supplier Registration, if not already registered as a Supplier. Any individual or business who will be receiving payment from a state agency or higher education institution must complete a registration process to collect important financial and taxpayer information. Payments are generally made by check or automatic clearing house (ACH), and taxpayer information must be collected in compliance with IRS requirements. The State and North Dakota University System (NDUS) have separate financial systems and vendor registration processes.

SECTION TWO – BACKGROUND

1.25 BACKGROUND INFORMATION

The STATE is seeking to identify optimal locations for industrial water intakes with a capacity of at least 15,000 acre-feet per year throughout the Missouri River corridor from the Montana border to Washburn, ND. The identified locations will be used to expand existing industry or to attract new industrial opportunities to the state. The identified locations may have secondary purposes of providing for irrigation or municipal uses.

Current water supplies for North Dakota industry come from both surface and ground water sources.

Many of these water sources are nearing full appropriation or will be in the near future. Additionally, many potential water sources in North Dakota don’t meet water quality standards for industrial needs.

The Missouri River, the longest river in the United States, enters North Dakota from its western boundary and leaves through its southern boundary. The Missouri River has a drainage basin covering approximately one sixth of the United States’ land mass. River runoff originates from melting mountain and plains snowpack and rainfall over the river basin. Average Missouri River flow past Bismarck, North Dakota, is around 23,000 cubic feet per second, or around 16.5 million acre-feet (MAF) per year. As of 2023, the STATE has approved 3.7 MAF of Missouri River water for consumptive use. Water quality of the Missouri River is generally suitable for industrial, municipal, and irrigation uses. Consequently, the water quantity and quality of the Missouri River make it North Dakota’s best option for expansion of industry reliant on water.

Significant modification of the Missouri River in the form of impoundments and channelization have been approved by Congress through acts including the Rivers and Harbors Act of 1935 and the Flood Control Act of 1944. Six mainstem dams were constructed along the river, including Garrison Dam which creates Lake Sakakawea in North Dakota. The reservoir is managed by the United States Army Corps of Engineers (USACE) and therefore requires approval by the federal government to get physical access to the water. In past years some North Dakota water supply projects have received federal approval to access the water, only to be challenged in court by other states in the river basin and Canada, which resulted in stalling the projects for years. Additionally, Fort Berthold Indian Reservation is located along the central portion of Lake Sakakawea, adding another layer of regulatory complexity in that area. Given the federal permitting situation, the site-dependent potential need to deal with tribal processes, and the knowledge that water appropriations requires obtaining permission from the STATE, an understanding of the necessary permitting for possible water intake locations will be an important aspect of this project.

There are many surface water intakes along the Missouri River corridor in North Dakota. These intakes supply water for communities, industry, and irrigation. The river also feeds aquifers which underly it.

These aquifers provide another potential water source for industrial and community needs. Bank Filtration System (BFS) water intakes are commonly used to extract the water from these river-fed aquifers. BFS intakes can provide a number of benefits over surface water intakes including natural filtration of sediment and pollutants as well as reducing variations in raw water quality. The City of Bismarck, North Dakota’s state capital, finished construction of a municipal water intake in 2014 using BFS. Additionally, in 2015 CH2MHill conducted a hydrogeologic investigation and conceptual BFS design for the STATE to categorize the feasibility of subsurface water intakes along the Washburn to Bismarck reach of the Missouri River to divert a large volume of water for the Red River Valley Water Supply Project and other potential uses. Review of the work done for that study could help the Contractor with determining potential subsurface water intake locations along the Missouri River corridor from the Montana border to Washburn, ND.

2.1 BUDGET

This project has no defined budget. The Offeror will submit a Cost Proposal as part of their application providing the total proposed cost for completing the RFP requirements.

SECTION THREE – SCOPE OF WORK

3.1 ANTICIPATED PRODUCTS

The primary goal and objective of this study is to provide a map identifying and ranking corridors that are suitable for construction and operation of water intakes, both surface and subsurface, throughout the Missouri River corridor from the Montana border to Washburn, ND. Another map will identify a minimum of five potential locations for placement of surface water intakes and five potential locations for subsurface water intakes (10 sites total) for industrial purposes and will be accompanied with a narrative of the ranking criteria and parameters. In addition, a report that includes documentation of background, methods, results, and discussion including next steps is required. The final report will incorporate any comments from review of the draft report by the STATE.

3.2 SCOPE OF WORK

The Scope of Work will be negotiated between the STATE and the Contractor but is expected to include the following main tasks:

• Task 1 – Existing Information Review and Ranking Criteria Identification

• Task 2 – Spatial Analysis

• Task 3 – Draft Report

• Task 4 – Final Report

TASK 1 – Existing Information Review and Ranking Criteria Identification The Contractor will determine the site conditions that are necessary for the optimal placement of industrial water intake structures (surface or BFS) throughout the Missouri River corridor from the Montana border to Washburn, ND. An optimal location for intake construction and delivery of water will be determined based on a number of conditions that could include, but are not limited to:

• Water availability: water level fluctuations, hydrogeologic properties, future upgrade limitations.

• Distance to infrastructure including rail, power, roads, and gas.

• Distance to nearby towns and industrial facilities.

• Federal and state permitting requirements for intake construction and water appropriation.

o Permits that may need to be obtained from the Department of Water Resources include sovereign land, water appropriation, and construction permits.

• Ease and cost of water delivery based on topography.

• Expressed interest in nearby locations by industry.

• Water quality: turbidity, aquatic nuisance species, etc.

• Likelihood of future intake sedimentation.

• Impacts to areas of natural/cultural/historical significance: high biological diversity, tribal sites, etc.

• Distance from pollution sources.

• Impacts to recreation.

• Other conditions as determined by the Contractor.

The Contractor will document the conditions that are used to determine a site’s suitability for placement and operation of a water intake. The Contractor will then develop ranking criteria and the relative weight of each condition compared to the others. The Contractor will research and compile the necessary information to determine the ranking of the conditions throughout the area of interest. The Contractor will document all reasoning and assumptions behind the ranking criteria and weights, including citations of resources used. The information sources expected to be used are primarily federal and state government reports and data.

TASK 2 – Spatial Analysis The Contractor will use a Geographic Information System (GIS) to define condition extents along the Missouri River corridor from the Montana border to Washburn, ND. The product will be attributed with scores based on the Task 1 conditions and weights. Higher scores will indicate optimal locations for constructing either surface water intakes or BFS delivering large volumes of water for industrial use.

Additionally, a layer will identify a minimum of five potential locations each for the surface and subsurface intakes (10 sites total).

TASK 3 – Draft Report The Contractor will draft a report detailing project methods, results, discussion, and sources of information for STATE review and comment. In addition to the map developed in Task 2, the report will include a map and list of, at minimum, the five top ranked industrial water intake locations for both surface and subsurface options in the area of interest (10 sites total). If all of the top sites identified are on one side of the river, the Contractor will also identify the best site from the other side of the river in their map and list. Criteria and parameters for selection of the intake locations will be clearly defined. Discussion will include identifying potential drawbacks of the selected locations and recommendations for next steps that may include field work or additional investigations. Contractor will present the findings included in the Draft Report to the STATE.

TASK 4 – Final Report The Contractor will complete a final report documenting project methods, results, discussion, and sources of information. Discussion will also include recommendations for next steps needed for further evaluation of identified sites that may include field work or additional investigations. The final report will address any comments from the STATE on the draft report provided in Task 3.

3.3 APPLICABLE DIRECTIVES

The Contractor is responsible for identifying and complying with all state and federal requirements that apply to the contract.

3.4 REQUIREMENTS

A. DELIVERABLES

The Contractor will be required to provide the following to achieve the objective of this project:

• A project notebook with meeting minutes, notes, required actions, and action results as discussed in E.2.a.iv below

• A monthly progress summary as described in E.2.b below

• A GIS product attributed by suitability for placement of industrial water intakes throughout the Missouri River corridor from the Montana border to Washburn, ND

• A map and list of at minimum, the top five best potential locations for the placement of industrial water surface and subsurface intakes in the Missouri River corridor in North Dakota (a total of 10 sites), including reasoning behind choosing those locations

• A draft report documenting project methods, results, discussion, and sources of information for STATE review and comment. Discussion will also include recommendations for next steps needed for further evaluation of identified sites that may include field work or additional investigations.

• A final report documenting project methods, results, discussion, and sources of information. Discussion will include recommendations for next steps needed for the further evaluation of identified sites that may include field work or additional investigations of potential sites. The final report will address any comments provided by the STATE on the draft report.

B. LOCATION OF WORK/TRAVEL

There is no required location for this work. The Contractor should include in its price proposal:

transportation, lodging, and per diem costs sufficient to pay for any person(s) to make necessary trip(s) to multiple locations throughout the State of North Dakota or elsewhere.

C. STATE-FURNISHED PROPERTY/SERVICES

The STATE hosts relevant data potentially needed for this study on the agency’s external webservices (https://mapservice.dwr.nd.gov/). STATE staff will be available to assist with any questions. The final reports from two relevant studies are included as attachments.

1. Water Appropriation Requirements, Current Water Use, & Water Availability for Energy

Industries in North Dakota: A 2010 Summary

2. Missouri River Bank Filtration Intake Hydrogeologic Investigation and Conceptual

Design.

The STATE will not provide workspace for the Contractor.

D. PROJECT MANAGEMENT PLAN

The Contractor will be expected to use appropriate project management to ensure the work is accomplished on time, within budget, and meets quantity and quality standards.

1. The Contractor will be required to collaborate with the STATE to agree upon the contract schedule, including a work breakdown, schedule of tasks and activities, and progress milestones.

2. The Contractor will be required to coordinate with the STATE to develop a communication plan. Any problems or unforeseen events must be communicated in a timely manner to the STATE project manager and any changes must be agreed upon between the parties and set forth in a written amendment to the contract. If the STATE requires corrective action, the contractor will be notified in writing.

E. CONTRACT TERM, SCHEDULE, AND DELIVERABLES

1. Contract Term The STATE intends to enter into a contract with an effective date beginning April 18, 2024, and ending October 18, 2024.

2. Schedule and Deliverables

a. Meetings: There will be a minimum of four on-site/in-person meetings conducted in

Bismarck, ND. The Contractor will be required to participate in person. It is expected that each of these meetings may require up to a full workday of on-site participation, not to include transportation and preparation requirements. Additional meetings may be scheduled throughout the project timeframe, as needed and agreed upon by the STATE and the Contractor. At minimum, monthly progress teleconference calls will be expected between the Contractor and STATE.

i. Kick off/Scoping Meeting: To be held within the first two weeks upon Contractor selection to review the Contractor’s plans to accomplish the project and discuss a proposed schedule for project submittal/review.

ii. In-Progress Review (IPR) Meetings: At least two IPR meetings will be conducted to discuss and review project status at key timeframes to be proposed by the selected Contractor. These meetings will also be used to provide project data to the STATE for review and address any questions or concerns. The Contractor will present the draft report before the final IPR meeting for STATE review and comment.

There will be sufficient time between the presentation of the draft report and the Final Meeting for the STATE’s comments to be incorporated into the final report.

iii. Final Meeting: To be conducted to review, discuss, and conduct a formal presentation of the final report. This will also include a discussion/review of any other deliverables and address any remaining issues or concerns.

iv. All Meetings: Will be facilitated by the Contractor, to include scheduling, establishing agendas, meeting coordination requirements, production of minutes, and capturing any noted issues and concerns. After each meeting, the Contractor will generate minutes and an action item task list with deadlines for follow-up actions.

Minutes will be provided to the STATE. Additionally, the Contractor will maintain all meeting minutes, notes, required actions, and action results. All previously noted items will be provided to the STATE in an organized format, along with the final report and other deliverables upon project completion.

b. Monthly Progress Summary: The Contractor must submit a written monthly progress summary outlining the study status, progress, and results to date, regardless of whether a billing statement is submitted, by the last working day of the month. This summary may be discussed in conjunction with a monthly teleconference call.

c. Billing Statements: Billing statements will be submitted as agreed upon between the

Contractor and the STATE, but no more frequently than monthly. Each billing statement must include a task-by-task report justifying the cost of items contained in the billing statement. The monthly progress report may be used as the justification for a billing statement as long as all the cost items covered in the billing statement are addressed in the progress report.

d. Documentation: This project requires a detailed report that includes an analysis of site suitability for construction and operation of industrial water intakes within a portion of the Missouri River corridor in North Dakota. It is imperative that all of the data, assumptions, conclusions, opinions, and supporting evidence be well documented, properly cited, and provided to the STATE in an organized final report and other deliverables upon project completion.

3.5 EXPERIENCE AND QUALIFICATIONS

A. MINIMUM QUALIFICATIONS

The Offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract. Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive to the RFP and will be rejected.

B. EXPERIENCE

In order for offers to be considered responsive, Offerors must meet the minimum prior experience requirements. An offeror's failure to meet these minimum prior experience requirements will cause its proposal to be considered non-responsive, and it will be rejected.

The minimum experience requirements are:

• Demonstrated expertise with GIS and spatial analysis techniques.

• Demonstrated experience compiling scientific, engineering, planning, and legal information to make decisions.

• Proficiency in technical report writing.

Preferred experience includes:

• Ideal candidates will have hands-on experience in siting water intakes.

• Previous involvement in selecting water intake types (surface, BFS, etc.) based on site conditions.

• Previous experience with site suitability analysis using GIS.

• Demonstrated experience working with water intake projects within areas of complex regulatory jurisdictions.

• Familiarity with the unique conditions of the Missouri River corridor.

• Experience addressing challenges related to appropriating water from impounded river systems.

• Knowledge of federal; and state permitting processes for water intake construction and appropriation.

• Familiarity with aquifer-fed water intake systems, particularly BFS.

• History of collaborating with governmental agencies on water supply projects.

• Understanding legal complexities related to water rights and tribal considerations.

• Background in recommending water sources for industrial, municipal, and irrigation purposes.

SECTION FOUR – PROPOSAL INSTRUCTIONS

4.1 PROPOSAL PREPARATION

The STATE discourages overly lengthy and costly proposals. An Offeror must prepare their proposal using the prescribed proposal format and provide all the requested information; this will enable the proposal to be evaluated fairly and completely. If an Offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and the Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

UPLOAD RESPONSE THROUGH THE STATE PROCUREMENT ONLINE SYSTEM (SPO ONLINE):

Offeror must electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Solicitation Closing deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. We recommend uploading your response 24 hours prior to the Solicitation Closing deadline.

Offeror must begin the electronic submission process well in advance of the Solicitation Closing deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an Offeror’s failure to timely submit a proposal due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

If documents are in the process of being uploaded when the Solicitation Closing deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find the solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5) clearly labeled documents before the

Solicitation Closing deadline provided in the RFP Schedule.

4. Offeror must upload their Technical Proposal and Cost Proposal in separate files.

5. The maximum file size allowed is 50 MB per file.

6. There is a 50 character file name limitation for the document being uploaded.

7. There is 75 character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system DOES NOT accept other special characters such as apostrophe, & symbol, quotation marks, etc.

9. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

10. Offeror will receive an email confirmation from infospo@nd.gov that the upload response was received including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Offeror DOES NOT receive an email confirmation, the upload was NOT successful, and the files will need to be uploaded again. If Offeror does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

Visit the following link for the SPO Electronic Response Job Aid, which describes how to submit an electronic response:

https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf

4.3 PROPOSAL FORMAT

Prepare the Technical Proposal and Cost Proposal in accordance with these instructions.

Technical Proposal – Format the proposal with the following labeled sections:

Section 1 – Cover Letter Section 2 – RFP Amendments Section 3 – Scope of Work Strategy Section 4 – Experience and Qualifications Section 5 – Contract Provisions Section 6 – Open Records and Confidentiality

Cost Proposal – The Cost Proposal must be a separate document. Format the Cost Proposal following the RFP instructions.

4.4 TECHNICAL PROPOSAL

SECTION 1 – COVER LETTER

Proposals shall include a cover letter that includes the following:

1. The name of the Offeror, name of the person to contact regarding the proposal, email address, telephone number, and mailing address.

2. Offerors are instructed to review the “Conflict of Interest” provisions in RFP Section 1

“Instructions.” If the firm, its employees, or subcontractors working on the contract have an apparent or actual conflict of interest, provide a statement disclosing the circumstances of the apparent or actual conflict of interest. Otherwise, provide a statement that your firm, employees, and subcontractors do not have a conflict of interest.

3. The cover letter must be signed by an individual with authority to bind the Offeror. By signing the cover letter, an Offeror certifies that it complies with:

a. All the requirements, terms, and conditions as set forth in this RFP.

b. The requirement that the Offeror’s proposal accurately describes the goods and services being offered to the STATE, and the proposal will be held firm for the period specified.

c. All local, state, and federal laws, rules, code laws, rules, code, regulation, and policies, including those relating to nondiscrimination, accessibility, civil rights, and equal employment.

d. The requirement that this proposal was prepared independently without collusion.

SECTION 2 – RFP AMENDMENTS

Provide signed copies of all Solicitation Amendments issued by the STATE that were required to be acknowledged by Offerors.

SECTION 3 –SCOPE OF WORK STRATEGY

Offeror must review the requirements and deliverables provided in RFP Section 3, Scope of Work.

1. Applicable Directives. The Offeror must identify any state and federal requirements that apply to the contract.

2. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in the scope of work within the STATE’s project schedule.

3. Value-Added Options. Offerors may include any optional services or goods that are not required by the STATE but are within the scope of work (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Describe any value-added options being offered.

4. Location of Work. There is no required location for this work. The Contractor should include in its price proposal: transportation, lodging, and per diem costs sufficient to pay for any person(s) to make necessary trip(s) to multiple locations throughout the State of North Dakota.

5. State Furnished Property and Services. The STATE will not provide workspace for the

Contractor.

6. Risk Management. Offerors must describe measures to be taken to ensure the safety of its employees, state employees, the public, and property. Offerors must also identify any pertinent issues and potential problems related to the project and describe how those potential issues and problems could be mitigated.

7. Project Management Plan. The proposal must describe how the contractor intends to manage the project to ensure the work is accomplished on time, within budget, and meet quantity and quality standards. Offerors may provide a narrative or organizational chart to illustrate the lines of authority and accountability.

8. Proposed Schedule and Deliverables. The proposal must provide a timeline for accomplishing the work, in consideration of the STATE’s Contract Schedule within the RFP Scope of Work.

SECTION 4 –EXPERIENCE AND QUALIFICATIONS

Mandatory Requirements. An Offeror must provide information to demonstrate meeting the Offeror Experience and Qualifications Requirement in RFP Section 3, Scope of Work, Experience and Qualifications.

Experience and Qualifications of the Firm Provide a brief history and describe the organization of the firm. Describe the number of years the Offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects. Provide a description of the project, approximate time frame of the project, and contact information for the customer. Offerors may provide letters of reference from customers.

Experience and Qualifications of the Project Team Provide a narrative or organizational chart that describes the organization of the proposed project team. Provide information for key project team members, including:

1. Description of anticipated work they will perform and approximate estimated hours.

2. Resume or description of the relevant education, training, experience, skills, and qualifications.

3. Offeror must provide a designated executive level contact that will act as a point of contact for any issues that need escalation or to discuss the needs of the STATE. This point of contact will be required to participate in any requested demonstration or presentation requested during the RFP process. They will discuss how the contract will be supported and how the Offeror and STATE will work together to ensure a successful outcome.

4. If the Offeror has vacant positions, identify the job description and minimum qualifications for staff members to be recruited.

5. Subcontractors. If an Offeror intends to use subcontractors, the Offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. Provide a statement that the Offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State; and

6. Joint Venture. If submitting a proposal as a joint venture, provide narrative statements that describe the roles and responsibilities of each party to the joint vendor. If available, submit a copy of the joint venture agreement that identifies the parties involved and their rights and responsibilities.

References Provide three (3) references for similar projects the Offeror has completed. Offerors must include the name of a contact person, address, email, and telephone number. Offerors are responsible for providing accurate reference contact information and are instructed to notify the reference that the STATE may be contacting them. Reference checks may begin within one (1) business day of the Solicitation Closing deadline. Evaluation may be impacted if the STATE is unable to contact the reference or the reference does not provide the requested information in a timely fashion.

SECTION 5 – CONTRACT PROVISIONS

Offeror shall review the RFP Section 6 and the STATE’s contract – Attachment 2.

The proposal must indicate whether the Offeror accepts the terms and conditions in the STATE’s contract.

An Offeror may state that they accept the STATE’s contract as written.

An Offeror may state any objections or propose changes or additions to the STATE’s contract.

Describe the changes to the contract being proposed or provide a red line of the STATE’s contract.

Offeror is not to submit their own contract or standard terms and conditions with their proposals.

Offeror should address the specific language in the attached contract and submit any proposed changes.

North Dakota procurement statutes, rules, and policies allow some negotiation of the terms and conditions. No changes to the terms and conditions will be permitted without prior written approval from the STATE.

SECTION 6 – OPEN RECORDS AND CONFIDENTIALITY

All proposals and other material submitted become the property of the STATE and may be returned only at the STATE’s discretion. The State of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2). After award, proposals are subject to the North Dakota open records laws.

Proposals or portions of proposals may be confidential only if specifically stated in law.

Offerors are instructed not to mark their entire proposal as “confidential”.

Offeror must provide one of the following in their proposal:

• Provide a statement indicating that their proposal does not contain any confidential information, OR

• Make a written request to hold confidential any trade secrets and other proprietary data contained in their proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information at https://www.legis.nd.gov/cencode/t44c04.pdf and https://attorneygeneral.nd.gov/open-records-meetings

If the STATE receives a request for public information, the Procurement Officer, in consultation with the Office of the Attorney General, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

4.5 COST PROPOSAL

Total Cost. Cost proposals must provide the total proposed cost for completing the RFP requirements.

Itemized Costs. Include a detailed itemization of the Cost Proposal, including all direct and indirect costs:

• One time or startup costs

• Ongoing/Lifecycle Costs (For example, consumables, maintenance and support, etc.)

• Commodities/Equipment/Supplies

• Total labor, including a breakdown of the number of hours at the various hourly rates.

• Subcontractor costs

• Travel expenses

• Overhead

• Etc.

Value-Added Options. Offeror may include pricing for any value-added options that are described in the Offeror’s proposal as options, but not included in the total cost. Any options must be within the scope of work (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Provide details related to initial cost, reoccurring costs, and options. The STATE shall not consider these costs as part of cost evaluation scoring.

All costs must be stated in U.S.