RFQ_24-030-300_Addendum_I_Russian_River_Telemetry_Study.pdf

State Water Resources Control Board

February 5, 2025

Request for Qualifications RFQ No. 24-030-300

Prospective Bidders are invited to review and respond to this Request for Qualifications (RFQ), entitled RFQ No. 24-030-300 entitled, Russian River Telemetry Study for the State Water Resources Control Board (Water Boards), Division of Water Rights. When preparing and submitting a solicitation, compliance with the instructions found herein is imperative.

If a discrepancy occurs between the information in the advertisement appearing in California’s Online Marketplace/Cal eProcure and the information herein, the information in this notice and in the attached RFQ shall take precedence.

Inquiries regarding the processing of this RFQ submittal should be referred to Michelle Davis at ContractBidsGeneral@waterboards.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Thank you for your interest in the Water Boards’ service needs.

Sincerely, Michelle Davis Contract Analyst mailto:ContractBidsGeneral@waterboards.ca.gov

RFQ No. 24-030-300

Table of Contents

A. Purpose and Description of Services B. Time Schedule D. Respondent’s Questions

1. What to include in an inquiry

2. How to submit questions

3. Question deadline

E. Voluntary Pre-Bid Conference F. Disabled Veteran Business Enterprise Requirement G. Small Business and Disabled Veteran Business Enterprise Advocate H. Request for Language Services I. Scope of Work J. Minimum Qualification Requirements K. Statement of Qualifications Format and Content Requirements

1. General instructions

2. Statement of Qualifications

3. Required attachments / documentation

L. Electronic Submission of SOQ Package

1. Submission instructions

2. Proof of timely receipt

3. Firm’s costs

M. SOQ Requirements and Information

1. Nonresponsive SOQs

2. Withdrawal and/or resubmission of SOQs

a. Withdrawal deadline

b. Submitting a withdrawal request

c. Proposal mistakes

d. Resubmitting a SOQ package

3. Evaluation and selection

4. Disposition of SOQs

5. Inspecting or obtaining copies of SOQ packages

a. Who can inspect or copy solicitation materials

b. What can be inspected / copied and when

c. Inspecting or obtaining copies of solicitation materials

6. Verification of firm information

7. Water Boards rights

a. RFQ corrections

b. Immaterial SOQ defects

c. Correction of clerical or mathematical errors

d. Right to remedy errors

e. No contract award or RFQ cancellation

N. Contract Terms and Conditions

1. Resolution of differences between RFQ and contract language

O. California Civil Rights Laws Certification P. Health and Safety Q. Executive Order N-6-22 – Russian Sanctions R. Generative Artificial Intelligence (GenAI) Requirements S. Evaluation and Scoring T. Solicitation Attachments U. Sample Contract Forms / Exhibits

SOQ SUBMITTAL CHECKLIST

A complete Statement of Qualifications (SOQ) package will consist of one (1) original SOQ package with original signatures of each item identified below. Place a check mark or “X” in the box corresponding to each item that you are submitting to the Water Board. For your SOQ package to be responsive, all required attachments must be returned. This checklist is for reference only, proposers must comply with all requirements of this solicitation. This checklist should also be returned with your SOQ package.

Attachment Attachment Name/Description

Confirmed by State Water Board

Yes No 1

Letter of Interest (Respondent provides copy - No form attached) Must include the Legal Name and Federal Identification Number of the firm.

Please label this attachment “Attachment 1: Letter of Interest” with SOQ package submission.

Yes No

Yes No 2

Licenses Licenses of all state licensed professional engineers and geologists that will be part of the consultant team.

Respondent provides copy - No form attached. Please label this attachment “Attachment 2: Licenses of Engineers and Geologists” with SOQ package submission.

Yes No

Yes No 3

Federal Form 330 for the firm and any proposed subcontractors Complete Federal Form 330 for the proposing firm and any applicable subcontractors. Link to form: https://www.gsa.gov/forms-library/architect-engineer-qualifications

Yes No

Yes No 4

Written statement of the firm’s qualifications (SOQ) Respondent provides copy - No form attached. Please label this attachment “Attachment 4: Written Statement of Firm’s Qualifications (SOQ)” with SOQ package submission.

Yes No

Yes No 5 Respondent References Yes

No

Yes No 6

Contractor Certification Clauses (CCC-04/2017).

Page 1 must be signed and submitted with SOQ package submission.

Yes No

Yes No N/A

7 *California Disabled Veteran Business Enterprise (DVBE) Requirement and DVBE Declarations (STD 843)

Yes No N/A

Yes No 8 Bidder Declaration (GSPD-05-105) Yes

No

Yes No 9 Darfur Contracting Act Yes

No http://contacts.gsa.gov/webforms.nsf/0/21DBF5BF7E860FC185256E13005C6AA6/$file/sf330_e.pdf https://www.gsa.gov/forms-library/architect-engineer-qualifications

Yes No

10 Payee Data Record (STD. 204) Form Yes No

Yes No N/A

*Commercially Useful Functions (CUF) Compliance Please have the authorized person sign, date, and return this form with SOQ package submission.

Yes No N/A

Yes No 12

Business License / Business Operation Tax Certificate Respondent provides copy - No form attached.

Please label this attachment “Attachment 13: Business License” with SOQ package submission.

Yes No

Yes No N/A

*Target Area Contract Preference Act (TACPA) – Insert Std. 830 attachment, if applicable

Yes No N/A

Yes No 14 California Civil Rights Laws Certification Yes

No

Yes No 15

GenAI Reporting and Factsheet (STD 1000) Must be completed by all participating firms. Failure to submit the GenAI Reporting and Factsheet will result in disqualification of the SOQ package.

Yes No

*Indicate N/A if not applicable.

Please see Exhibit D for insurance certificate requirements. These must be submitted within 10 business days after notice of the Contract Award. Failure to submit insurance documents will result in cancellation of contract award.

A. Purpose and Description of Services

The State Water Resources Control Board, Division of Water Rights (hereinafter referred to as “Water Boards”), is soliciting Statement of Qualifications (SOQs) from firms that are able to provide telemetered water monitoring equipment installation, maintenance, repair, training, and data quality assurance assessment services. SOQs must address all of the services described in the Request for Qualifications (RFQ) section entitled, “Scope of Work”.

The Water Boards intends to make a single contract award to the most responsive and responsible firm. A Contractor will be selected on the basis of written responses to this RFQ and an oral interview. This solicitation is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule

Below is the tentative time schedule for this solicitation:

C. Agreement Term/Period of Performance

The anticipated term of the resulting Agreement is expected to be 36 months and is anticipated to be effective from Upon Approval through March 31, 2028. The Agreement term may change if the Water Boards make an award earlier than expected or if the Water Boards cannot execute the Agreement in a timely manner due to unforeseen delays.

The period of performance for this Agreement shall be as identified on the Agreement STD 213. “Start Date” identifies when services may begin and “Through End Date” identifies when services must be completed.

The State reserves the right to amend the contract to add additional time, tasks, and budget. If the Contract Manager and Contractor determine a change in the Agreement is necessary during performance of the Agreement, the parties may formally amend the Agreement, by mutual consent, in writing, and make a reasonable adjustment in the Contractor’s compensation, if needed.

The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until written approval has been obtained from all entities. Any delivery or performance of service that is commenced prior to the signing of this Agreement or after the term of this Agreement has passed shall be considered voluntary on the part of the Contractor and non-compensable. If performance commences before all approvals are obtained, said services may be considered to have been voluntary and the Contractor may pursue a claim for payment by filing with the DGS’ Government Claims Program.

D. Respondent’s Questions

Immediately notify the Water Boards if clarification is needed regarding the services sought or questions arise about the RFQ and/or its accompanying materials, instructions or requirements. Put the inquiry in writing and transmit it via e-mail or fax to the Water Boards as instructed below. At its discretion, the Water Boards reserves the right to contact an inquirer to seek clarification of any inquiry received.

Respondents that fail to report a known or suspected problem with this RFQ and/or its accompanying materials or fail to seek clarification and/or correction of this RFQ and/or its accompanying materials shall submit a SOQ package at their own risk. In addition, if awarded the Contract, the successful firm shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

If an inquiry appears to be unique to a single firm or is marked “Confidential”, the Water Boards will mail, e-mail, or fax a response only to the inquirer if the Water Boards concurs with the Respondent’s claim that the inquiry is sensitive or proprietary in nature. If the Water Boards does not concur, the inquiry will be answered in the manner described herein and the firm will be so notified. At its discretion, the Water Boards may contact an inquirer to seek clarification of any question or inquiry received.

1. What to include in an inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, e-mail address, area code and telephone number, and fax number.

b. A description of the subject or issue in question or discrepancy found.

c. RFQ section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any.

A firm that desires clarification about specific RFQ requirements and/or whose inquiry relates to sensitive issues or proprietary aspects of a solicitation may submit individual questions that are marked “Confidential”. The firm must include with its inquiry an explanation as to why it believes questions marked “Confidential” are sensitive or surround a proprietary issue.

2. How to submit questions

Submit questions or inquiries using one of the following methods.

Email:

Questions RFQ 24-030-300 Division of Administrative Services Michelle Davis

ContractBidsGeneral@waterboards.ca.gov

Note: An autoreply will be generated from this inbox. This autoreply is proof of your question submission.

3. Question deadline

Submit written questions and inquiries no later than the Date and Time as identified in the Time Schedule table located in Section B, “Time Schedule” of this solicitation. Questions submitted after this date will not be considered.

Notwithstanding the question submission deadline, the Water Boards will accept questions or inquiries about RFQ errors or irregularities up to the solicitation due date.

Direct all verbal requests for DVBE assistance to the Water Boards’ DVBE advocate at DAS-SBDVBEAdvocate@Waterboards.ca.gov.

E. Voluntary Pre-Bid Conference The Water Boards will conduct a voluntary Conference virtually via zoom on the date and time listed in the Time Schedule in Section B. The Zoom link will be emailed upon request to Prospective Firms who express interest in attending the conference.

Requests for the Zoom link must be received by the request due date as identified in the Time Schedule table located in Section B, “Time Schedule.”

Respondents who intend to submit an SOQ are encouraged to attend this Voluntary Conference. It shall be each proposer’s responsibility to attend the Conference promptly at the date and time listed in the Time Schedule in Section B. The Water Boards reserves the right not to repeat information for participants that join the conference after it has begun. The Voluntary Conference is a public event or meeting, and anyone may attend.

The purpose of the conference is to:

1. Allow the prospective firms to ask questions about the services or RFQ requirements and/or instructions.

2. Share the answers to general questions and inquiries received prior to and during the conference.

Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on the Water Boards unless later confirmed in writing.

Carefully review this RFQ before the conference date to become familiar with the qualification requirements, scope of work and SOQ requirements. Respondents are encouraged to have their copy of this RFQ available for viewing during the conference.

Shortly after the conference, the Water Boards will summarize all questions and issues raised and post the summary via an Addendum at the following internet address:

http://www.caleprocure.ca.gov/

F. Disabled Veteran Business Enterprise Requirement

Military and Veteran Code (MVC) 999.5(d), 999.7 and Government Code (GC) 14841, and California Code of Regulations (CCR) 1896.78(e) requires all Prime Contractors that committed to having a Disabled Veteran Business Enterprise (DVBE) mailto:DAS-SBDVBEAdvocate@Waterboards.ca.gov http://www.caleprocure.ca.gov/ perform an element of work for a contract to report DVBE subcontractor participation information and certify to the state that all DVBE subcontracting payments were made.

A completed final STD 817 must be submitted before the State Water Resources Control Board can release the final $10,000 from your final payment OR the final payment. Note: Form STD 817 is attached to the Contract as Exhibit D, Attachment I.

G. Small Business and Disabled Veteran Business Enterprise Advocate

For all SB and DVBE related assistance and/or questions including Prompt Payment Act issues for SBs, please contact the Water Boards’ SB/DVBE Advocate at DAS- SBDVBEAdvocate@waterboards.ca.gov.

H. Request for Language Services

With respect to this SOQ, the Water Boards shall provide interpretation and translation services in any language at no cost to you.

To request these services, please use the following link: Public Request for Language Services | California State Water Resources Control Board.

I. Scope of Work

See Exhibit A entitled, “Scope of Work” that is included in the Sample Contract Forms and Exhibits Section of this RFQ. Exhibit A contains a detailed description of the services and work to be performed as a result of this solicitation.

J. Minimum Qualification Requirements

Failure to meet the following requirements by the solicitation due date will be grounds for the Water Boards to deem a firm non-responsive.

In submitting a SOQ package, each firm must certify that it possesses the following qualification requirements:

1. The respondent shall demonstrate at least 5 years of full-time, recent experience in a lead role on projects that include the installation, operation, and maintenance of flow-related and storage-related environmental monitoring sites, development of supporting data (e.g., rating curves), and review and quality assurance of data.

Specific experience requirements are:

a. The Proposer shall have experience procuring, installing, calibrating, operating, maintaining, repairing, and un-installing telemetered water monitoring equipment (including sensors, data loggers, power systems, and transmission equipment), enclosures, mailto:DAS-SBDVBEAdvocate@waterboards.ca.gov mailto:DAS-SBDVBEAdvocate@waterboards.ca.gov https://www.waterboards.ca.gov/about_us/public_participation/language-access.html https://www.waterboards.ca.gov/about_us/public_participation/language-access.html and infrastructure required for monitoring. Specifically, the Proposer shall have experience in the following:

i. Water stage height, flow, and volume in anthropogenic diversions and natural rivers/streams.

ii. Water elevation of surface storage/reservoirs and groundwater wells.

iii. Water quality parameters, including but not limited to electrical conductivity, dissolved oxygen, pH, temperature, and turbidity.

b. The Proposer shall have experience establishing, ingesting, and managing manually collected data and telemetered data streams of environmental monitoring data. Specifically, the Proposer shall have experience in the following:

i. Storing and quality controlling data within data management systems (e.g., in-house systems, Aquarius, Kisters, HydroVu, etc.)

ii. Automated and manual data quality review.

iii. Standardized data content and format.

c. The Proposer shall have experience engaging with community members, stakeholders, and property owners, especially when installing, maintaining, and operating monitoring equipment.

d. The Proposer shall have experience training in-house staff or external parties on installing, calibrating, operating, maintaining, and repairing equipment (including sensors, data loggers, power systems, and transmission equipment), enclosures, and supportive infrastructure required for monitoring. Specifically, the Proposer shall have experience in the following:

i. Generating documentation, protocols, and guides.

ii. Demonstrating processes.

iii. The contractor shall demonstrate staff have necessary skills to perform the work outlined by listing any professional certifications or licenses of staff working on the project.

2. Respondents must have a past record of sound business integrity and history of being responsive to past contractual obligations. Respondents shall provide at least (3) references, for which the firm provided services of a type and scale similar to the project scope identified in this RFQ.

4. Corporations must be in good standing and qualified to conduct business in California. Respondents shall provide a certificate of good standing from the California Secretary of State.

K. Statement of Qualifications Format and Content Requirements

1. General instructions

a. Each individual or firm may submit only one SOQ package. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one SOQ package, the Water Boards will reject all SOQ packages submitted by that firm or individual.

b. Develop SOQ package by following all RFQ instructions and instructions or clarifications in question/answer notices, clarification notices, or RFQ addenda.

c. Before preparing a SOQ package, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood.

d. Arrange for timely delivery of the SOQ package to the specified address. Do not wait until shortly before the SOQ submission deadline to submit the SOQ package.

2. Statement of Qualifications The Proposer shall submit a Statement of Qualifications (SOQ) that demonstrates their firm’s experience providing services like those described in the SOW. The SOQ shall be a written narrative, may include tables and figures, and shall not exceed twenty-five (25) pages in length. The written Statement of Qualifications must contain the following information:

a. Experience of the firm in performing services related to surface water and groundwater monitoring in California

i. Describe experience (with examples) planning and implementing real-time telemetered diversion, surface water, and groundwater monitoring projects within California.

ii. Describe experience (with examples) with procuring and using telemetered water monitoring equipment that is reliable, requires minimal site visits, has stand-alone power supply, records back-up data, and records and transmits at least every 5 minutes (SOW 2.1).

iii. Describe experience (with examples) procuring a diverse suite of water monitoring instrumentation and sensors and installing the https://www.sos.ca.gov/business-programs/business-entities/information-requests equipment and infrastructure to record and transmit data in real-time for a water monitoring station (SOW 2.1).

iv. Describe experience (with examples) performing manual measurements of water conditions to validate automated measurements and develop supporting data, especially rating curves

(SOW 2.4.3).

v. Describe experience (with examples) managing data and metadata for water monitoring and site operation in a structured, standardized manner (SOW 2.2.1).

vi. Describe experience (with examples) performing routine Operations and Maintenance (O&M) and repairs of water monitoring equipment and infrastructure on stations requiring ≥ 6 months of continuous deployment in variable flow conditions (SOW 2).

vii. Describe experience (with examples) un-installing monitoring equipment, enclosures, and infrastructure and performing site remediation to restore site to original condition (SOW 6.2).

viii. Describe experience (with examples) establishing necessary data pipelines to receive transmitted data from remote water monitoring station locations to a data management system (SOW 5.3).

ix. Describe experience (with examples) performing calibration and Quality Assurance/Quality Control (QA/QC) according to a Quality Assurance governing document on a variety of water parameters, including but not limited to flow rate, water volume, electrical conductivity, dissolved oxygen, pH, temperature, and turbidity (SOW Table 2.1 and Task 2.2).

x. Describe experience (with examples) performing QA/QC according to a Quality Assurance governing document on a variety of water monitoring data to determine data validity and identify need for maintenance or repair, especially preventative maintenance that avoids interruption in valid data (SOW 2.2).

xi. Provide two (2) examples of work products that illustrate the nature and scope of projects completed by the respondent within the past five (5) years that cover telemetered monitoring and related work for diversions, instream flow, stored water, and groundwater (SOW 2).

xii. Describe experience (with examples) that show the respondent’s ability to effectively communicate and coordinate land and equipment access with community partners to successfully conduct work on a water monitoring project (SOW 3.3).

xiii. Provide two (2) examples of work products that illustrate the nature and scope of the projects completed by the respondent within the past five (5) years that demonstrate the respondent’s experience and expertise coordinating with community partners (e.g. federal, state, and local government agencies and the public) to conduct work on a water monitoring project (SOW 3.3).

b. Explanation of the firm’s approach for the Tasks described in the Scope of Work

i. Outline project management plans, including number and distribution of field staff for site visits, equipment procurement, construction and maintenance schedules, and equipment deployment strategy.

ii. Outline communication plans, including coordination with Water Board staff, subcontractors, landowners, and equipment owners.

iii. Outline data transmission plans, including transmission from device to Contractor and from Contractor to Water Board staff.

iv. Outline quality assurance plans, including topics and approach for Quality Assurance Plan.

c. Experience providing training to clients and/or staff relating to water monitoring equipment

i. Describe experience (with examples) of staff providing in-person training sessions and virtual training sessions to clients or in-house staff relating to installation, calibration, validation, maintenance, troubleshooting, and repair of equipment, enclosures, and infrastructure for telemetered water monitoring (SOW 4.1).

ii. Describe experience (with examples) of staff creating and providing training materials such as Standard Operating Procedures (SOPs) and related documentation to clients or in-house staff relating to installation, calibration, validation, maintenance, troubleshooting, and repair of equipment, enclosures, and infrastructure for telemetered water monitoring (SOW 4.4).

iii. Provide two (2) examples of work products that illustrate the nature and scope of the projects completed by the respondent within the past five (5) years that demonstrate the respondent’s experience and expertise in preparing training materials and deliver training to clients or in-house staff relating to installation, calibration, validation, maintenance, troubleshooting, and repair of equipment, enclosures, and infrastructure for telemetered water monitoring at stations recording flow, water quality, and water volume (SOW 4.1).

iv. Describe experience (with examples) that demonstrate the respondent’s experience and expertise providing technical assistance to clients on the topic of establishing data connection between a water monitoring station and a data management system to transmit data in real-time. (SOW 5.3)

d. Project Management

i. Describe experience (with examples) preparing environmental documents that analyze potential impacts to instream resources, water quality, and water supply.

ii. Describe experience (with examples) creating data and reports required for permit applications, such as CEQA or 401 permits (SOW 2.5.1).

iii. Provide two (2) examples of work products that illustrate the nature and scope of projects completed by the respondent within the past five (5) years that demonstrate the respondent’s expertise in contributing data and reports required for permit applications, such as CEQA or 401 permits (SOW 2.5.1).

iv. Describe experience (with examples) of successful project scheduling, task prioritizing, workload planning, and budgeting.

Describe strategies for achieving milestones by due dates and within the contracted budget (SOW 1.1).

v. Describe experience (with examples) where effective decision-making processes resulted in the achievement of project goals.

e. Capabilities, experience, and education of personnel assigned to the project

i. Provide information about the reliability and continuity of the respondent’s employees and subcontractors.

ii. Provide information about the principals and other individuals who will be participating in the project and their roles, office locations, ability to meet virtually, and availability for the project. Include information about their individual professional experience and education, including the dates of their most recent technical degrees and professional registrations. Provide copies of relevant professional license(s) for all personnel working on the project.

Examples of relevant professional licenses include California

Professional Engineer (PE), California Professional Geologist (PG), California Engineering Geologist (EG), California Hydrogeologist (CHG), or Professional Hydrologist (PH).

iii. Describe experience (with examples) for key personnel participating in this project describing each staff person’s training, skill, and experience on the following:

Technical and scientific disciplines such as: environmental engineering, geology, geomorphology, geographic information systems (GIS), hydrology/hydrologic modeling, water quality, and water resources.

iv. Describe experience (with examples) for the key personnel participating in this project describing each staff person’s training, skill, and experience on the following:

Planning and implementing telemetered water monitoring studies for the purpose of evaluating a variety of parameters such as flow, temperature, dissolved oxygen, turbidity, and water volume.

3. Required attachments / documentation

The Bid Submittal Checklist on page 1 specifies the order and content required for each SOQ package.

When completing the attachments, follow the instructions on each attachment. Do not include supplemental information in your SOQ package or other materials that the Water Board has not requested in this solicitation.

L. Electronic Submission of SOQ Package

1. Submission instructions

SOQs must be received by the due date and time listed in the Time Schedule table in Section B of this solicitation. SOQs received after this date and time will not be considered.

The completed SOQ shall be submitted electronically by email as follows:

E-Mail

SOQ 24-030-300

Division of Administrative Services Michelle Davis ElectronicBidSubmission@waterboards.ca.gov mailto:ElectronicBidSubmission@waterboards.ca.gov

a. Only SOQs received in this mailbox will be considered. SOQs shall not be sent to any other mailbox. If an SOQ is inadvertently sent to an incorrect mailbox, firms must take all appropriate corrective steps.

b. Zip files are acceptable and encouraged.

c. Email SOQ submissions should clearly identify the following in the Subject Line: SOQ No. 24-030-300 [Insert Company Name]

d. If multiple emails are required, they should be identified in the subject line as follows: 1 of 2, 2 of 2, etc. i.e., SOQ No. 24-030-300 (ABC Inc.) 1 of 2

e. Emails will not be opened by the Procurement Official until the required SOQ due date and time.

f. Once submitted, an autoreply from ElectronicBidSubmission@waterboards.ca .gov will be received. If you do not receive the autoreply, then your email was too large and not received by the Water Boards. This autoreply shall serve as the only proof of receipt of the SOQ.

Note: Emails should not exceed one hundred fifty (150) megabytes (MB). The Water Boards mail server may automatically reject excessively large emails.

Proposers may submit multiple emails if file size exceeds the recommended one hundred fifty (150) MB. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.) in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved. Zip files are acceptable and encouraged.

Hard copy SOQ’s will not be accepted for this solicitation. However, if you require any reasonable accommodations, please direct requests to our general inbox: ContractBidsGeneral@waterboards.ca.gov.

2. Proof of timely receipt

a. To be timely, the Water Boards must receive SOQ packages by the due date and time listed in the Time Schedule table in Section B of this solicitation.

b. The Water Boards will deem late SOQ packages non-responsive.

3. Firm’s costs

Firms are responsible for all costs of developing and submitting a SOQ package.

Such costs cannot be charged to the Water Boards or included in any cost element of a firm’s price offering.

M. SOQ Requirements and Information mailto:ElectronicBidSubmission@waterboards.ca.gov mailto:ElectronicBidSubmission@waterboards.ca.gov

1. Nonresponsive SOQs

In addition to any condition previously indicated in this RFQ, the following occurrences may cause the Water Boards to deem a SOQ package non-responsive.

a. Failure of a firm to:

1) Meet SOQ format/content or submission requirements including the sealing, labeling, and/or timely and proper delivery of SOQ packages.

2) Submit all required documentation listed on the Bid Submittal Checklist.

b. If a firm submits:

1) A SOQ package that is conditional, materially incomplete or contains material alterations or irregularities of any kind.

2) False, inaccurate or misleading information or falsely certifies compliance on any SOQ attachment.

c. If the Water Boards discovers, at any stage of the solicitation process or upon contract award, that a firm is unwilling or unable to comply with the contract terms, conditions and exhibits cited in this RFQ and/or the resulting contract.

d. Delinquent Tax Obligations (AB 1424 (Statutes of 2011) Public Contract Code 10295.4)

During the RFQ process, if a Firm appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code, the Firm’s submittal will be deemed nonresponsive and will not be considered.

e. If other irregularities occur in a SOQ package that are not specifically addressed herein (i.e., the firm places any conditions on performance of the scope of work, submits a counteroffer/proposal, etc.).

2. Withdrawal and/or resubmission of SOQs

All SOQ packages are to be complete when submitted. However, an entire SOQ package may be withdrawn, and the firm may resubmit a new SOQ package.

a. Withdrawal deadline

A firm may withdraw his/her SOQ package any time prior to the SOQ package due date.

b. Submitting a withdrawal request

1) Submit a written withdrawal request, signed by an authorized representative of the firm.

2) Label and submit the withdrawal request using one of the following methods.

U.S. Mail or Hand Delivery Email

Withdrawal RFQ 24-030-300 Division of Administrative Services Michelle Davis 1001 I Street, 18th Floor Sacramento, CA 95814

Withdrawal RFQ 24-030-300 Division of Administrative Services Michelle Davis

ContractBidsGeneral@waterboards.ca.gov

An originally signed withdrawal request is required before the Water Boards will return/release a SOQ package to a firm. The Water Boards may grant an exception if the firm informs the Water Boards that the firm will submit a new or replacement SOQ package immediately following the withdrawal.

c. Proposal mistakes

If prior to proposal due date, a proposer discovers a mistake in their proposal that renders the proposer unable or unwilling to perform all scope of work services for the price/costs offered, the proposer must immediately notify the Water Boards and submit a written request to withdraw its proposal following the procedures set forth above.

d. Resubmitting a SOQ package

After withdrawing a SOQ package, firms may resubmit a new SOQ package according to the submission instructions. Replacement SOQ packages must be received at the stated place of delivery by the due date and time.

3. Evaluation and selection

This section describes, in general, the process that the Water Boards will use to evaluate timely SOQ packages.

a. SOQ opening and review

1) All SOQ packages properly received according to the RFQ instructions on or before the SOQ due date will be opened and reviewed.

2) A group of evaluators will convene to review each timely SOQ package to confirm its responsiveness to the RFQ requirements. Each SOQ package will be checked for the presence or absence of required information in conformance with the submission requirements of this RFQ.

3) If deemed necessary by the Water Boards, additional documentation may be collected to confirm the claims made by each firm and to ensure that each firm is responsive to all solicitation requirements.

4) SOQ packages that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the firm, may be rejected.

b. Selection Procedures

The SOQ packages that meet the minimum qualification requirements will be evaluated and scored according to the criteria outlined below and further defined in the Evaluation Criteria and Score Sheet (Section S).

Criteria # Evaluation Criteria Maximum

Points

Experience of the firm in performing services related to surface water and groundwater monitoring in California.

2 Explanation of the firm’s approach for the Tasks described in the Scope of Work 200

3 Experience providing training to clients and/or staff relating to water monitoring equipment 170

4 Project Management 130

5 Capabilities, experience, and education of personnel assigned to the project 160

Maximum Points 1290

At least three respondents with the highest totaled scores will be selected for the “short list”. These respondents will be invited for an interview and will be expected to provide an oral presentation regarding their firm’s services and qualifications.

Upon completion of all interviews and presentations, the respondents will be ranked in order of preference, e.g., 1, 2, 3, etc. The number one respondent will be asked to submit a Cost Proposal. The Water Boards staff will attempt to negotiate a fair and reasonable cost for services. In the event that a satisfactory cost agreement cannot be negotiated, staff will terminate negotiations with the respondent and begin negotiations with the next ranked respondent, and so on. After successful negotiations, a contract will be awarded and executed. The Water Boards reserves the right to terminate the selection proceedings at any time.

The Water Boards will mail or e-mail a written “Notice of Award” to all firms that submitted a SOQ package.

4. Disposition of SOQs

a. All materials submitted in response to this RFQ will become the property of the Water Boards and, as such, are subject to the Public Records Act (GC Section 6250, et seq.). The Water Boards will disregard any language purporting to render all or portions of any SOQ package confidential.

b. Upon making an Award, all documents submitted in response to this RFQ and all documents used in the selection process (e.g., review check lists, letters of award, etc.) will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and shall be subject to review by the public.

c. The Water Boards may return a SOQ package to a firm at their request and expense after the Water Boards concludes the solicitation process.

5. Inspecting or obtaining copies of SOQ packages

a. Who can inspect or copy solicitation materials

Any person or member of the public can inspect or obtain copies of solicitation materials.

b. What can be inspected / copied and when

1) Once SOQ packages are opened, all solicitations, SOQ packages, respondents list, conference sign-in/attendance sheet, check lists and/or evaluation sheets become public records. These records shall be available for review, inspection and copying during normal business hours.

c. Inspecting or obtaining copies of solicitation materials

Persons wishing to view or inspect any solicitation related materials must identify the items they wish to inspect and must make an inspection appointment by contacting Michelle Davis at ContractBidsGeneral@waterboards.ca.gov.

Persons wishing to obtain copies of solicitation materials may visit or mail a written request to the Water Boards office identified below. The requestor must identify the items they wish to have copied. Materials will not be released from State premises for the purpose of making copies.

Unless waived by Water Boards, a check covering copying and/or mailing costs must accompany the request. Copying costs, when applicable, are charged at a rate of ten cents per page. The Water Boards will fulfill all copy requests as promptly as possible. Submit copy requests as follows:

Request for Copies - RFQ 24-030-300 Division of Administrative Services

Michelle Davis 1001 I Street, 18th Floor Sacramento, CA 95814

ContractBidsGeneral@waterboards.ca.gov

6. Verification of firm information

By submitting a SOQ package, respondents agree to authorize the Water Boards to:

a. Verify any and all claims made by the firm including, but not limited to verification of prior experience and the possession of other qualification requirements, and

b. Check any reference identified by a firm to confirm the firm’s business integrity and history of providing effective, efficient and timely services.

7. Water Boards rights

In addition to the rights discussed elsewhere in this RFQ, the Water Boards reserves the following rights.

a. RFQ corrections

1) The Water Boards reserves the right to do any of the following up to the SOQ package submission deadline:

a) Modify any date or deadline appearing in this RFQ or the RFQ Time Schedule.

b) Issue clarification notices, addenda, alternate RFQ instructions, forms, etc.

c) Waive any RFQ requirement or instruction for all respondents if the Water Boards deems the requirement or instruction unnecessary, erroneous or unreasonable. If deemed necessary by the Water Boards, the Water Boards may also waive any RFQ requirement or instruction after the SOQ submission deadline.

d) Allow Respondents to submit questions about any RFQ change, correction or addenda. If the Water Boards allows such questions, specific instructions will appear in the cover letter accompanying the document.

2) If deemed necessary by the Water Boards to remedy an RFQ error or defect that is not detected in a timely manner, the Water Boards may also issue correction notices or waive any unnecessary, erroneous, or unreasonable RFQ requirement or instruction after the SOQ submission deadline.

3) If applicable, the Water Boards will post on the California’s Online Marketplace at https://www.caleprocure.ca.gov/pages/index.aspx clarification notices or addenda. Be sure to check this website often.

4) The Water Boards at its sole discretion, reserves the right to collect, by mail, e-mail, fax or other method, the following omitted and/or additional information.

a) Signed copies of any form submitted without a signature.

b) Data or documentation omitted from any submitted RFQ attachment/ form.

c) Information/material needed to clarify or confirm certifications or claims made by a firm.

d) Information/material or form needed to correct or remedy an immaterial defect in a SOQ package.

b. Immaterial SOQ defects

1) The Water Boards may waive any immaterial defect in any SOQ package and allow the firm to remedy those defects. The Water Boards reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

2) The Water Boards’ waiver of an immaterial defect in a SOQ package shall in no way modify this RFQ or excuse a firm from full compliance with all solicitation requirements.

https://www.caleprocure.ca.gov/pages/index.aspx

c. Correction of clerical or mathematical errors

The Water Boards reserves the right, at its sole discretion, to overlook, correct or require a Firm to remedy any obvious clerical errors on a SOQ form.

d. Right to remedy errors

The Water Boards reserves the right to remedy errors caused by:

1) The Water Boards’ office equipment malfunctions or negligence by agency staff.

2) Natural disasters (i.e., floods, fires, earthquakes, etc.).

e. No contract award or RFQ cancellation

The issuance of this RFQ does not constitute a commitment by the Water Boards to award a contract. The Water Boards reserves the right to reject all SOQ packages and to cancel this RFQ if it is in the best interest of the Water Boards to do so.

N. Contract Terms and Conditions

The winning firm must enter an agreement that may contain the firm’s budget, a scope of work, standard contract provisions, and one or more of the contract forms and/or exhibits in Section M. Sample Contract Forms / Exhibits. Other exhibits, not identified herein, may also appear in the resulting agreement.

The exhibits included in this RFQ contain contract terms that require strict adherence to various laws and contracting policies. A firm’s unwillingness or inability to agree to the terms and conditions shown below or contained in any exhibit identified in this RFQ will cause the Water Boards to deem a firm non-responsible and ineligible for an award.

In general, the Water Boards will not accept alterations to the General Terms and Conditions (GTC), Special Terms and Conditions, the Scope of Work or alternate contract/exhibit language submitted by a prospective contractor. The Water Boards will consider a SOQ package containing such provisions “a counter proposal” and may reject such a SOQ package.

The Contractor shall begin work when the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the Water Boards, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

All performance under the Agreement shall be completed on or before the termination date of the Agreement. In addition, the Contractor shall be liable to the Water Board for the difference between Contractor's bid price and the actual cost of performing work by another Contractor.

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

1. Resolution of differences between RFQ and contract language

If an inconsistency or conflict arises between the terms and conditions appearing in the final agreement and the proposed terms and conditions appearing in this RFQ, any inconsistency or conflict will be resolved by giving precedence to the Agreement.

O. California Civil Rights Laws Certification

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

a. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

b. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

P. Health and Safety

Contractors are required to, at their own expense, comply with all applicable health and safety laws and regulations. Upon notice, Contractors are also required to comply with the state agency’s specific health and safety requirements and policies.

Contractors agree to include in any subcontract related to performance of this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and regulations, and upon notice, the state agency’s specific health and safety requirements and policies

Q. Executive Order N-6-22 – Russian Sanctions

The Contractor represents that the Contractor is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Contractor is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). The Contractor is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Contractors with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.

For Contractors with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:

a. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;

b. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and

c. Direct support to the government and people of Ukraine.

R. Generative Artificial Intelligence (GenAI) Requirements

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Participating Firms must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the participating firm. Note, the GenAI Reporting and Factsheet (STD 1000) is attached as a required Attachment.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in the disqualification of the participating firm.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a participating firm’s GenAI Reporting and Factsheet (STD 1000), the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject SOQ packages that present an unacceptable level of risk to the State.

S. Evaluation and Scoring

1. STATEMENT OF QUALIFICATIONS (SOQ) EVALUATION AND SCORING

Proposer Name:

Evaluator Name:

Date:

Selection Procedures SOQ submittals that meet the Minimum Qualification Requirements will be evaluated and scored according to the criteria in the SOQ Evaluation Criteria and Scoring Table.

Packages will be reviewed by a panel of State Water Board staff. Panel members will review and score each Proposal using the processes in the Scoring Methodology Table.

Scoring Methodology Panel members will review each Proposal and assign points for each criterion in the SOQ Evaluation and Scoring Table using the SOQ Scoring Methodology. The scores for each criterion will be multiplied by their respective weight to get a weighted score. The weighted scores will be totaled for all criteria per panelist and the panelist scores will be averaged for a final total by which the SOQs will be ranked.

SOQ Scoring Methodology Points

Awarded Interpretation General Basis for Point Assignment

0 Inadequate

Qualific…