RFQ_2023-18_CADV_CEQA_PEIR.pdf

www.slc.ca.gov

State of California

State Lands Commission

April 9, 2024

Request for Qualifications (RFQ) #2023-18

Commercial Abandoned & Derelict Vessels (CADV)

California Environmental Quality Act (CEQA)

Program Environmental Impact Report (PEIR)

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CADV CEQA PEIR

PROSPECTIVE ENVIRONMENTAL CONSULTANTS

Pursuant to Government Code section 4526, the California State Lands Commission (CSLC) announces its intention to hire a consultant to provide environmental services for the Commercial Abandoned & Derelict Vessels (CADV) Removal Projects. The purpose of this Solicitation is to initiate the process by which the CSLC will contract with a firm, hereafter referred to as “Firm” or “Contractor” (considered one and the same), with the appropriate qualifications to assist in preparing a Program Environmental Impact Report (PEIR) under the California Environmental Quality Act (CEQA).

Staff has been authorized by the Executive Officer and the CSLC to issue a Request for Qualifications (RFQ) for consultant services, negotiate a fair and reasonable price, and award and execute agreements hereafter referred to as an “Agreement” or “Contract” (considered one and the same) for the preparation of environmental documentation for the Commercial Abandoned & Derelict Vessels (CADV) Removal Projects in the legal Delta.

1) INTRODUCTION

a) Overview – The CSLC invites you to review and respond to this RFQ. By submitting a Proposal, your organization agrees to the terms and conditions stated in this Solicitation. Read this entire document carefully. If a Proposal does not meet all the requirements, it may be considered non-responsive and eliminated from further consideration.

b) Responsive Proposal – A proposal response is considered responsive if it is compliant without material deviation from the solicitation requirements and the terms and conditions of the proposed contract.

i) A deviation is material if the CSLC determines that the Firm’s Proposal is not in substantial accord with the solicitation requirements, or has a potentially significant effect on the delivery, quantity, or quality of deliverables, amount paid to the supplier, or on the cost to the State.

ii) Material deviations cannot be waived. CSLC may waive immaterial deviations, and the offer may be evaluated when considered to be in the best interest of the State.

iii) Immaterial deviations are inconsequential variances, which carry little or no importance and do not provide a Firm with any material advantage over other Firms.

iv) Waiver of an immaterial deviation shall in no way modify the Proposal requirements or excuse the selected Firm from full compliance with the terms and conditions of the proposed contract provisions. (State Contracting Manual Section 1404.3)

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c) Non-responsive Proposal - A Proposal may be deemed non-responsive and subsequently rejected if any of the following occurs:

i) At any time, a submission is received after the exact time and date set forth in

Key Action Dates for receipt of each submission.

ii) The Firm fails to meet any of the eligibility requirements as specified in

Minimum Qualifications.

iii) The Firm fails to submit or fails to complete and sign required Attachments as instructed in this Proposal.

iv) The submission contains false, inaccurate, or misleading statements or references.

v) The Firm is unwilling or unable to fully comply with the proposed contract provisions.

vi) The Firm supplies conditional cost information, incomplete cost information, or cost information containing unsigned/uninitiated alterations or irregularities.

d) Responsible Bidder - A Firm that submits a Responsive Proposal and possesses the qualifications, experience, facilities, reputation, and financial resources necessary to fulfil the contract at the time of contract award.

e) Confidentiality – Firms and the selected firm may not issue news releases nor make statements to the news media or through social media channels pertaining to this RFQ, the firm’s Proposal, the Agreement, or work resulting therefrom, without first obtaining prior approval from the CSLC.

f) Bidder Questions

i) Firms shall submit questions regarding this solicitation by the due date and time specified in the Key Action Dates table. Firms shall provide specific information to enable the CSLC to identify and respond to their questions.

ii) When submitting questions, please reference the solicitation number of RFQ 2023-18. Answers to questions received during the Question period shall be shared with all invited firms. At its discretion, the CSLC may contact a firm to seek clarification of any question received.

g) Key Action Dates

i) Responders are advised of the key dates and times shown below and are expected to adhere to them. All times noted in this document are Pacific Standard Time (PST).

ii) Proposals shall be submitted electronically to CSLC.solicitations@SLC.ca.gov with “RFQ 2023-18 CADV CEQA PEIR” in the subject line. Multiple emails are acceptable to accommodate attachment size limitations.

iii) Each firm submitting a Proposal has the burden of proof to confirm that its Questions and Proposal were received in accordance with this announcement, should there be any dispute about meeting the filing deadline.

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# Key Action Date Description Key Action Date

1 Request for Qualifications Release Date April 9, 2024

2 Bidder Question(s) Due By April 30, 2024, by 3:00 PM

3 Response to Questions Posted By May 7, 2024, by 3:00 PM

4 Request for Qualifications Proposal Due By May 21, 2024, by 3:00 PM

5 Interviews (Subject to Change) Week of May 27, 2024

6 Notice of Intent to Award (Subject to Change) Week of June 3, 2024

7 Estimated Term Dates (Subject to Change): June 2024 – June 2027

h) Contact - Please contact us at CSLC.Solicitations@SLC.ca.gov if you have any questions about this solicitation. For all communications, the subject line must include: RFQ 2023-18 CADV CEQA PEIR.

i) Mailing Address:

State Lands Commission Attn: Contracts – RFQ #2023-18 100 Howe Avenue, Suite 100-South Sacramento, CA 95825

2) MINIMUM QUALIFICATIONS

a) The Firm shall be qualified to practice the profession of environmental services in the State of California (CA), pursuant to Government Code section 4525, subdivision (f).

b) The Firm shall have a minimum of five (5) years of experience in Environmental Impact Report preparation.

c) Any Firm that does not meet the minimum qualifications will be deemed non-responsive to the solicitation, and their Proposal will not be Ranked.

3) ADMINISTRATIVE AND TECHNICAL REQUIREMENTS (PROPOSAL)

a) See detailed instructions in Sections 4-7 below. All Proposals shall include the following Administrative Requirements in this order:

i) Attachment 1 – Proposal Checklist

ii) Attachment 2 – Proposal Cover Page

iii) Attachment 3 – Statement of Qualifications – Technical Narrative

iv) Attachment 4 – Statement of Qualifications – Past Projects

v) Attachment 5 – Statement of Qualifications – Model Contract Exhibit A – Updated with Firm’s Methods and Approach

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vi) Attachment 6 – Statement of Qualifications – Model Contract Exhibit A – Attachment #1, - Updated with Firm’s Staffing Qualifications, Education and Experience

vii) Attachment 7 –Model Contract Exhibit A2 – CEQA/NEPA: Administrative Record Process viii)Attachment 8 – Model Contract Exhibit B – Budget and Payment Detail

ix) Attachment 9 – Model Contract Exhibit C - General Terms and Conditions

x) Attachment 10 – Model Contract Exhibit D – Special Terms and Conditions

xi) Attachment 11 – Model Contract STD 213 – Standard Agreement

xii) Attachment 12 – Bidder Declaration (GSPD-05-105) xiii)Attachment 13 – Small Business participation documentation and certifications and/or good faith effort documentation

xiv) Attachment 14 – DVBE Declaration (DGS PD 843)

xv) Attachment 15 – Economic Interest Certification (Form 700)

xvi) Attachment 16 – Payee Data Record (STD 204)

xvii) Attachment 17 – Contractor Certification Clauses (CCC)

xviii) Attachment 18 – California Civil Rights Laws Certification

xix) Attachment 19 – Darfur Contracting Act Certification

xx) Attachment 20 – Map of Legal Delta Area

4) MODEL CONTRACT PROCUREMENT

a) For competitive solicitations, the CSLC uses a model contract, referred to as an “Agreement” or “Contract” (considered one and the same) procurement method.

The competitive solicitation process used by the CSLC is as follows:

i) CSLC staff drafts a model contract with a detailed Exhibit A – Scope of Work (SOW). Potential firms are asked to use the SOW template provided as a baseline for developing their approach and cost bid for the project. Firms must submit (in Track Changes) as part of their Proposal any changes or exceptions to the Model Contract that they wish to negotiate. The Firms must also update Exhibit A – Scope of Work template in tracked changes with edits and additions to demonstrate their approach and describe services that address the needs described in Exhibit A – SOW.

(1) This is a dynamic competitive process through which the CSLC can evaluate and test the strengths and weaknesses of the Firms and their proposals. The CSLC can then make a final selection based on a combination of Firm experience; the quality and value of the Firm’s approach as updated in the Model Contract, if applicable; and the overall value the Firm can bring to the project.

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(2) The Model Contract procurement moves quickly to execution as the terms and methods are well developed as an agreement format at the conclusion of the solicitation, thereby increasing the effectiveness of the effort and the project’s success.

5) STATEMENT OF QUALIFICATIONS (SOQ) PROPOSAL INSTRUCTIONS

a) Attachment 3 - Technical Narrative (Firm’s document. No more than three (3) pages, Arial, 12-point font) must focus on providing information related to why the Firm believes that its qualifications fulfill the requirements of this RFQ pursuant to the Model Contract. Include a description of the Firm’s understanding of the Project's goals, emphasizing the Firm’s understanding of the objectives and the major activities that must be performed to complete the work. Discuss the Firm’s strategy for providing the services outlined in the solicitation within the period allocated for that task.

b) Attachment 4 - Past Projects (Firm’s document. No more than five (5) pages, Arial, 12-point font) to include a description of up to five (5) past projects that demonstrate the Firm’s competence to perform work similar to that required on this project. Prime consideration will be given to projects that illustrate the respondent’s capability for performing work, including programmatic analyses, similar to the project for which CSLC is soliciting. Include other information that may be useful and applicable to this Project.

6) MODEL CONTRACT – SOQ/PROPOSAL INSTRUCTIONS

a) The Firm shall review the terms of the Model Contract and become familiar with its language. This will substantively be the Contract that will be entered into between the State and the selected Firm.

i) Model Contract exhibits with suggested edits or enhancements shall be included by the Firm in its Proposal.

ii) The Firm shall suggest edits to the Model Contract in Microsoft Word using track changes. The CSLC will review the Firm’s proposed Methods and Approach within an updated Exhibit A – SOW template.

(1) Substitutions for Methods and Approach are not permitted.

iii) Submission of Exhibits without track changes will be deemed to be the Firm’s acceptance of the Exhibits as drafted.

b) All offers must be based on the Model Contract provided with this solicitation as:

i) Methods and Approach - Attachment 5: Exhibit A – Scope of Work (No page limit). Include in the Proposal a revised Exhibit A with an updated Scope of Work, using track changes. Updated Scope of Work shall also:

(1) Provide a Table showing hours per week by person covering the contract term. Firm shall supply the Table as their own document, in Word or PDF, which may be incorporated into Exhibit A1.

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(2) Include expectations of all entities outside the Firm’s own team, if any.

(3) Provide the assumptions used to develop the Proposal.

(4) Optional Tasks – Firm shall include any Optional Tasks including details and descriptions.

ii) Attachment 6: Attachment #1 to Exhibit A, Scope of Work – Staffing Qualifications, Education, and Experience. Use the Exhibit A, A1 template Attachment 6 (No page limit) to provide a Personnel Narrative that includes:

(1) A resume for each proposed project team member.

(a) Each resume must include:

(i) Name of each key person and title.

(ii) Project assignment or role which that person will be expected to fulfill in connection with the Scope of Work.

(iii) Name of the firm or organization with whom that individual is presently associated.

(iv) Years of relevant experience with present firms and other firms.

(v) Highest academic degree achieved, and the discipline covered (if more than one highest degree, such as two PhDs, list both), the year received, and the particular technical/professional discipline that individual will bring to the project.

(vi) Synopsis of experience, training, or other qualities.

(2) The relevant experience of the proposed Project Manager or Principal proposed Deputy Project Manager, and major team members. Care should be taken to limit resumes to only those personnel specialists who will have major responsibilities (e.g., Marine Biology, Air Quality, Water Quality, Engineering).

(3) Substitutions and additional narratives are not permitted.

iii) Attachment 7: Attachment #2 to Exhibit A, Scope of Work – CEQA/NEPA: Administrative Record Process

iv) Attachment 8: Exhibit B – Budget and Payment Detail

v) Attachment 9: Exhibit C – General Terms and Conditions

vi) Attachment 10: Exhibit D – Special Terms and Conditions

vii) Attachment 11: STD 213 – Standard Agreement (SAMPLE)

7) COST PROPOSAL

a) No cost information shall be submitted at this time. The most qualified firm by ranking will be asked to submit a detailed cost proposal after selection.

8) STANDARD CONDITIONS OF SERVICE

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a) Model Contract | Attachment 9 –The State’s General Terms and Conditions (GTC 04/2017) are generally not negotiable. An offer including such language will be considered a counterproposal and could be rejected.

9) POST-GOVERNMENT EMPLOYMENT RESTRICTIONS

a) Former CSLC employees, including former retired annuitants, are subject to post-employment restrictions under Government Code section 87406. Former designated CSLC employees that have not been separated from the State for more than one (1) year starting on the later date of when the official permanently leaves state service, and are no longer authorized to perform the duties of their job, or who stop performing the duties of the job even if the official is still receiving compensation for accrued leave credits are prohibited from:

i) Entering into a contract with the CSLC as an individual.

ii) Making any formal or informal appearances or oral or written communications to the CSLC or any of its officers or employees. This includes attendance or participation in:

(1) Selection interviews.

(2) Scoping meetings.

(3) Contract and task order negotiations.

(4) Direct involvement in the cost proposal and audit activities.

b) Former CSLC employees, including former retired annuitants, may be subject to a lifetime post-employment ban under Government Code sections 87400- 87403.

c) Violation by the Firm of any provisions found in the paragraphs above shall render every contract or other transaction entered into void unless the violation is technical or non-substantive.

10) CONFLICT OF INTEREST DETERMINATIONS

a) Determinations of potential conflict of interest will be addressed by CSLC on a case-by-case basis with each Firm. Questions regarding this issue, or requests for a specific determination should be sent in writing or via email to CSLC.Solicitations@slc.ca.gov.

11) DESIRED QUALIFICATIONS

a) The CSLC as a CEQA Lead Agency, requires a PEIR to be prepared for this Project. The Firm shall prepare for the CSLC the PEIR to comply with Public Resources Code Section 21000 et seq. concerning CEQA. The CSLC will oversee drafting of the PEIR and manage the Firm contract. The Firm preparing the PEIR will be expected to:

i) Provide the full range of expertise required to complete the PEIR and all supporting technical studies and take the initiative to advise the CSLC staff of the necessary efforts required.

ii) Assess information provided by the CSLC, tribal nations, and public, agency, and non-governmental organization stakeholders.

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iii) Conduct independent relevant environmental studies if needed (to be identified as Optional Tasks).

iv) Identify consultation requirements and agencies that may have approval or oversight over, or a vested interest in, aspects of the Project (such as those listed in Model Contract, Exhibit A – Scope of Work) and develop proposals to meet applicable requirements and resolve any conflicts.

12) MONETARY INCENTIVE PROGRAMS

a) This is a competency-based selection process in accordance with Government Code section 4525 et seq. As such, cost is not a scored factor. The following incentive programs are not applicable to the selection method.

i) Disabled Veterans’ Business Enterprise (DVBE) incentives. (Military & Veterans Code sections 999 and 999.5(d))

ii) Small Business incentive (CCR §1896.8, GC § 14835 et seq).

iii) TACPA preferences pursuant to Government Code section 4530-4535.3.

13) SMALL BUSINESS PARTICIPATION AND CERTIFICATION

a) This project has a participation goal of ten percent (10%) of the total contract price for qualifying small businesses. A combined effort of the Firm and subcontractors may achieve this goal. Any small business used to meet this requirement must be certified by or have certification pending with the Department of General Services (DGS), Office of Small Business Certification and Resources (OSBCR).

b) The Firm shall submit the Bidder Declaration form (Std. GSPD-05-105 | Attachment 13) verifying Firm status and identifying Small Business subcontractors.

c) Firm is encouraged to consider Small Business subcontractors by visiting the OSBCR website to identify potential Small Business sub-contractors and suppliers.

14) DISABLED VETERANS’ BUSINESS ENTERPRISE PARTICIPATION – A Disabled Veterans’ Business Enterprise (DVBE) goal is not required, but DVBE participation is encouraged. See Section 12, Item A, in this RFQ for incentive program information.

a) The Commission recognizes disabled veterans for their service and has a DVBE Participation Program. The program is intended to further veterans’ participation in the Commission contracting, promote competition, and encourage greater economic opportunity.

b) For general information regarding DVBE contracting, email the Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) at osdshelp@dgs.ca.gov or call (916) 375-4940.

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15) TARGET AREA CONTRACT PREFERENCE ACT (TACPA) – This RFQ does not include TACPA preferences.

16) SELECTION PROCESS AND SCORING CRITERIA

a) Firm will be selected based on scored qualifications and an oral interview.

This is a competency-based selection process in accordance with Government Code section 4525 et seq.

b) CSLC shall weigh the factors identified below according to the nature of the proposed project, the complexity and special requirements of the specific project, and the needs of CSLC.

c) CSLC shall use the following scoring criteria for selecting a firm under this Solicitation:

i) Professional experience of the Firm in relation to the work to be performed,

ii) Demonstrated experience of the Firm in environmental and regulatory compliance,

iii) The Firm’s staffing capacity,

iv) Education and experience of key personnel the Firm intends to assign to the Agreement,

v) Nature, quality, and timeliness of the Firm's work completed for similar projects, and

vi) The Firm's reliability, continuity, and its proposed staff.

vii) Differentiating criteria – The following differentiating criteria shall be considered when scoring the above:

(1) Knowledge, recent experience, and demonstrated understanding, by the proposed Project Manager, Deputy Project Manager, and team, of:

(a) The CEQA process, relevant federal, State, and local laws, regulations, and policies, including, but not limited to, the California Coastal Act, State and federal Endangered Species Acts, and State and federal water quality, air quality, and cultural resource laws.

(b) Environmental resources and environmental analysis in the Project area (Legal Delta Area)

(c) The preparation of a PEIR equivalent in the scope required for this Project.

(d) Knowledge of and recent experience related to each of the following:

(i) Engineering principles and practices that apply to the Project.

(2) CSLC evaluation of the task-based scope presented within an updated Exhibit A, Scope of Work (listing specific milestones and work products) that demonstrates a clear understanding of the various components of the

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Project, including identification of issues, understanding of the available data, and a detailed description of the methodology and analysis to be used in addressing those issues.

(3) Quality of recommendations on how to proceed in the environmental evaluation of the proposed Project (i.e., Project design, impact analysis, mitigation, monitoring, agency collaboration, and permitting) and a description of any needed supplemental analyses.

(4) Demonstrated experience and ability of the proposed Project Manager to keep the Project on budget, and to communicate Project status, issues, and concerns with the CSLC Project Coordinator.

(5) Demonstrated experience of the Firm and personnel to prepare legally defensible CEQA documents in accordance with the proposed scope and Project schedule.

(6) The comprehensiveness and quality of the QA/QC techniques and methodology to be used to ensure the quality of all work products submitted to the State, including the inclusion of:

(i) A comprehensive QA/QC Plan

(ii) An experienced technical editor

(iii) An experienced web content publisher

(7) The comprehensiveness and quality of the information provided in Exhibit A, Optional Tasks.

d) All Proposals will be reviewed by a Selection Committee appointed by the Executive Officer. Upon receipt and review of all Proposals, staff may contact one or more firms by telephone to clarify areas where the staff has questions, and answer questions. No fewer than three firms will be selected for interviews, which will be conducted virtually. Upon conclusion of the interviews, the firms will be ranked.

i) Negotiations shall be initiated with the most qualified firm.

ii) Pursuant to Government Code section 4525, in the event that a satisfactory agreement cannot be negotiated within 14 days after the commencement of negotiations, the CSLC will terminate negotiations with the most qualified firm and begin negotiations with the next ranked firm and so on.

iii) After successful negotiations, an Agreement will be awarded and executed.

17) ADDENDUM TO RFQ

a) CSLC reserves the right to amend the RFQ by addendum before the final Proposal submittal date and time.

18) REJECTION OF PROPOSALS

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a) CSLC reserves the right to terminate the selection proceedings at any time when it determines it is in the best interests of the State. The CSLC is not required to award the agreement and reserves the right to terminate in whole or in part at its sole discretion any Agreement award at any time upon giving written notice.

b) Issuance of this RFQ in no way constitutes a commitment by the CSLC to award an Agreement. CSLC reserves the right to reject any or all Proposals, or portions of Proposals, received in response to this RFQ, or to amend or cancel this RFQ at any time. In the event of such cancellation, CSLC may reissue the RFQ at a later date.

c) Proposals to perform work of a kind for which a Firm is not properly licensed and qualified will be rejected.

d) Proposals must be submitted for the performance of all the services described herein. Any deviation from the work specifications or contingencies will not be considered and will cause a Proposal to be rejected.

e) A Proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind.

f) CSLC may waive immaterial deviations and the Proposal may be evaluated based on the information provided when considered to be in the best interest of the State. The State's waiver of immaterial defect shall in no way modify the RFQ document or excuse the Firm from full compliance with all requirements if awarded the Agreement.

g) No oral understanding or agreement shall be binding on either party.

19) SUBSEQUENT SOLICITATION

a) At CSLC’s sole discretion, after the Agreement award has been made and the Agreement has been executed, if the Agreement is terminated with or without cause after the performance has begun, CSLC may engage the next qualified Firm without performing a subsequent solicitation.

b) For more information, or to submit questions regarding the content of this request for qualifications, please contact CSLC at CSLC.Solicitations@SLC.ca.gov.