RFQ 2427 SWM.docx

State of Washington, Department of Ecology RFQ 2427 SWM, RFQ Title: Former Lilyblad Site Cleanup

REQUEST FOR QUALIFICATIONS (RFQ)

For Architectural and Engineering Services (A&E)

RFQ Coordinator: Ha Tran Phone: 360-790-6276 Email: htra461@ecy.wa.gov

Instructions to Vendors:

· Any questions concerning this RFQ are to be directed to the above RFQ Coordinator.

· Check WEBS for any amendments.

How to respond on this opportunity:

· Review RFQ section 2.7 for Submission instructions.

· Only emailed responses are accepted in response to this RFQ. Attach your Response submittal to your email.

· Email subject line is to note the RFQ Number and RFQ Title.

· Response must contain an official signature of a duly authorized officer or agent of the Vendor’s company empowered with the right to bind the Vendor. Remember to sign your Response.

· For electronic submissions by email, attach a scanned PDF of any signature pages to your Response, electronic digital signatures are accepted.

· Submittal must be received on or before the Due Date and Time by ECOLOGY to be considered responsive.

· Vendors are responsible for the timely delivery of their response to the email address shown below.

Submittal must be received on or before the due date & time at email below:

· RFQ Coordinator EMAIL: htra461@ecy.wa.gov

State of Washington, Department of Ecology RFQ 2427 SWM, RFQ Title: Former Lilyblad Site cleanup

TABLE OF CONTENTS

INTRODUCTION

Announcements and Special Information The Department of Ecology’s Solid Waste Management Program – Industrial Section is seeking Statement of Qualifications from Architectural / Engineering (A/E) firms. Vendors are required to read, understand, and accept all information contained within this entire RFQ package. By responding to this RFQ, the Vendor acknowledges having read and understood the entire RFQ and accepts all the information contained herein.

In support of the State’s economic and environmental goals, we encourage you to consider the following elements in responding to this RFQ. These are not a factor of award (unless otherwise specified in this document):

· Using environmentally preferable products and services that exceed EPA guidelines.

· Supporting a diverse supplier pool, including small, veteran, minority, and women-owned businesses.

· Supplying products made or grown in Washington.

Objective The objective of this Request for Qualifications (RFQ) is to establish a service contract for the Department of Ecology (ECOLOGY) in accordance with RCW 39.80.

ECOLOGY is seeking architecture and engineering (A&E) services from qualified firms to implement the Cleanup Action Plan (CAP) at the Lilyblad Site. The implementation includes installation and operation of the biosparge remedy, monitoring of site conditions and cleanup progress, preparation of reports, and engineering consultation. The contract may cover other tasks associated with the implementation, such as permitting and periodic review.

Refer to Appendix D, Statement of Work and Deliverables, for more information.

Background

About Washington Department of Ecology:

The Washington State Department of Ecology (http://www.ecy.wa.gov/) employs approximately 1,700 people located in six major offices and a number of smaller offices throughout the State. Ecology’s headquarters is in Lacey. The mission of the agency is to protect, preserve, and enhance Washington’s environment, and promote the wise management of air, land, and water for the benefit of current and future generations. The agency is organized into ten environmental programs plus one administrative program with six divisions. The agency provides services in the areas of environmental permitting; technical assistance; inspections and enforcement; contracts, grants, and loans; environmental monitoring and analysis; policy and rule development; and education and outreach.

ECOLOGY’s Industrial Section regulates chemical pulp mills, oil refineries, aluminum smelters, and other industries throughout the state. The Industrial Section is a multi-media unit overseeing compliance with water, dangerous waste, and cleanup under the state’s Model Toxic Control Act (MTCA) per Chapter 173-340 WAC. The Industrial Section also oversees air permitting and compliance for chemical pulp mills and aluminum smelters.

One of the active facilities under the Industrial Section is Pacific Functional Fluids, LLC, which operates at the site once occupied by Lilyblad Petroleum Inc. For the purpose of this RFQ, the site is referred to as the Former Lilyblad Cleanup Site. Clean up of the Former Lilyblad Site is being conducted in accordance with the MTCA process. As part of the process, activities at the site have included an interim remedial actions, a remedial investigation/feasibility study (RI/FS), Cleanup Action Plan (CAP), an update to the RI/FS, and a second CAP. Additional background information is provided in Appendix D of this RFQ, including the history of ECOLOGY’s involvement and goals.

Period of Performance The period of performance of any Contract resulting from this RFQ is from date of award to June 30, 2029, unless at ECOLOGY’s sole discretion the contract is terminated sooner, or extended for additional periods. Amendments extending the period of performance, if any, shall be exercised at the sole discretion of ECOLOGY and are subject to written mutual agreement.

ECOLOGY reserves the right to extend the contract should additional funding is obtained by ECOLOGY.

The total contract term may not exceed ten (10) years unless an emergency exists and/or special circumstances require a partial term extension.

The actual Project Schedule and period of performance may vary depending on the Apparent Successful Vendor’s response and Contract negotiations.

No Costs or Charges No costs or charges under the proposed contract may be incurred before the Contract is fully executed.

Acquisition Authority ECOLOGY issues this RFQ acting in accordance to Revised Code of Washington RCW 39.80, Contracts For Architectural and Engineering Services.

Authority to Bind The Director of the Department of Ecology, or the Director’s designee, is the only individual who may legally commit ECOLOGY to the expenditures of funds for a contract resulting from this RFQ.

Type of Contract ECOLOGY anticipates awarding a service contract for Engineering Services at the Former Lilyblad Cleanup Site.

ECOLOGY expects the Contract signed with the Apparent Successful Vendor to be substantially the same as the Sample Service Contract, Appendix E. To be responsive to this RFQ, Vendor must indicate a willingness to enter into a contract substantially the same as the Sample Service Contract, Appendix E, by signing the Certifications and Assurances, Appendix A, and returning it with its Response. Vendor’s submission of a Response to this RFQ constitutes acceptance of these contract requirements, unless otherwise noted in Vendor’s submittal.

The Vendor may submit exceptions to this RFQ as allowed in Appendix A - Certifications and Assurances. However, under no circumstances is a Vendor to submit its own standard contract terms and conditions as a response to this RFQ. The terms and conditions of any other contract shall have no force or effect. Instead, Vendor is to review and identify the language in Appendix E, Sample Service Contract and its attached General Terms and Conditions that the Vendor finds problematic, state the issue, and propose the specific language or contract modification that the Vendor is requesting changed, and then attach such to Appendix A, Certification and Assurances as a submittal. Any specific areas of dispute with the Sample Service Contract must be identified in the Vendor’s Response. ECOLOGY will review any requested exceptions and accept or reject them at its sole discretion, and may, at the sole discretion of ECOLOGY be grounds for disqualification from further consideration in the award of a contract.

The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final Contract.

Definitions Vendor is to review those definitions found in Chapter 39.80 RCW, all terms and conditions contained herein will be read consistently with those definitions.

In addition to the definitions identified in the Appendix E, Sample Service Contract, and its attached General Terms and Conditions, the following definitions apply for the purposes of this RFQ include:

“A&E” means Contracts For Architectural and Engineering Services, in accordance with RCW 39.80.

“ASV” means Apparent Successful Vendor.

“Vendor” means an individual or entity who submits a Response to this solicitation.

“Contractor” means an individual or company whose Response has been accepted by ECOLOGY and is awarded a fully executed, written contract.

“DES” means state of Washington Department of Enterprise Services.

“ECOLOGY” means The Department of Ecology, an agency of the State of Washington.

“Response” means a written offer for services in response to a solicitation issued for such services.

“RFQ” (Request for Qualifications) means a solicitation document in which the agency describes the services needed and invites vendors to provide their qualifications to perform the services.

“Vendor” means an individual or entity who may submit a Response for this solicitation.

“WEBS” (Washington’s Electronic Business Solution) means the Vendor registration and Vendor notification system maintained by the Washington State Department of Enterprise Services located at: http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/default.aspx.

Americans with Disabilities Act (ADA) ECOLOGY complies with the ADA and related federal and state laws and regulations. To request ADA reasonable accommodations for public access and mobility for attending meetings, printed materials in a format for the hearing or visually impaired, or ADA parking please contact the RFQ Coordinator. Persons with impaired hearing may call Washington Relay Service at 711 and those with speech disability may call TTY at 877-833-6341. Vendors may contact the RFQ Coordinator to receive this RFQ in Braille or on tape.

GENERAL INFORMATION

RFQ Coordinator The RFQ Coordinator is the sole point of contact in ECOLOGY for this RFQ. Any other communication with ECOLOGY staff will be considered unofficial and non-binding on ECOLOGY. Communication directed to parties other than the RFQ Coordinator may result in disqualification of the Vendor. Vendors are to rely only on written statements issued by the RFQ Coordinator through an amendment.

RFQ Estimated Schedule The dates and times listed below represent the estimated schedule. Ecology reserves the right to change the schedule as needed. Notification of changes to the schedule prior to Due Date and Time will be sent electronically to all properly registered users in the Department of Enterprise Services’ WEBS who have downloaded this RFQ from WEBS. Changes to the schedule after Due Date and Time may not be communicated.

All times are local time in Lacey, WA.

July 26, 2024 By 4:00 pm Responses Due Date and Time

Below dates are anticipated and are subject to change.

Pre-Submittal Conference An optional conference to address RFQ requirements will be held at time and location indicated below. While attendance is not mandatory, Vendors are encouraged to attend and actively participate.

VIRTUAL CONFERENCE LOCATION:

Teams Meeting: Link

ID: 258 942 109 812

Passcode: YatUCP

OR

Call in at 564-999-2000 (Get Local Number) Phone conference ID: 736 727 959#

DATE AND TIME:

June 18, 2024 10am Purpose of this Conference is to review the RFQ requirements, process, and field any questions. Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFQ document and process at the Conference.

If interpretations, specifications changes, or other changes to the RFQ are required as a result of the conference, the RFQ Coordinator will issue amendments to the RFQ and provide those amendments by posting them on WEBS at Register for Bid Opportunities | Department of Enterprise Services (DES) (wa.gov) Assistance for disabled, blind, or hearing-impaired persons who wish to attend the Conference is available with prior arrangement with ECOLOGY. Contact the RFQ Coordinator identified on the cover page of this RFQ for assistance.

WEBS Registration ECOLOGY will use Washington's Electronic Business Solution (WEBS) exclusively for the issuance of this RFQ and all RFQ updates (i.e., addenda, amendments, answers to submitted questions, etc.). Vendors are responsible for checking WEBS for any changes to the RFQ.

Vendors are solely responsible for:

1. Properly registering with the Department of Enterprise Services’ WEBS at How to Work With the State | Department of Enterprise Services (DES) (wa.gov).

2. Maintaining an accurate Vendor profile in WEBS with the correct contact information.

3. Downloading the RFQ with all attachments and exhibits, and any and all amendments.

To ensure receipt of all RFQ documents, the RFQ must be downloaded from WEBS. Notification of amendments to the RFQ will only be provided to those Vendors who have registered with WEBS and have downloaded the RFQ from WEBS. Failure to do so may result in a potential Vendor having incomplete, inaccurate, or otherwise inadequate information, or a Vendor submitting an incomplete, inaccurate, or otherwise inadequate Response.

Vendors accept full responsibility and liability for failing to receive any amendments resulting from their failure to register with WEBS and download the RFQ from WEBS, and hold the State of Washington harmless from all claims of injury or loss resulting from such failure. Contact the WEBS Customer Service for any questions regarding WEBS at (360) 902-7400.

RFQ Amendments Prior to Due Date and Time, ECOLOGY reserves the right to change portions of this RFQ. Any changes or corrections will be by one or more written amendment(s), dated, attached to or incorporated in and made a part of this RFQ document. All changes must be authorized and issued in writing by the RFQ Coordinator. If there is any conflict between amendments, or between an amendment and the RFQ, whichever document was issued last in time shall be controlling.

Only Vendors who have properly registered and downloaded the original RFQ directly via WEBS system will receive notification of amendments and other correspondence pertinent to the RFQ. ECOLOGY shall use WEBS for all updates (i.e., amendments, answers to questions, etc.). Vendors are responsible for checking WEBS for any changes to the RFQ.

In the event it becomes necessary to revise any part of this RFQ, amendments will be placed on the Department of Enterprise Service’s WEBS website, Bid Opportunities | Department of Enterprise Services (DES) (wa.gov).

Vendor Questions and Answers Vendors are responsible for communicating to the RFQ Coordinator any issues, exceptions, additions, or omissions concerning the RFQ. Specific questions or comments concerning the RFQ must be submitted to the RFQ Coordinator via email by the date and time set forth in the Estimated Schedule identified herein.

The RFQ designates a particular time period for questions and comments in order to help in the RFQ process. Early submission of questions and comments is encouraged. For questions received after the Question/Answer Period, in the interest of maintaining the RFQ process, ECOLOGY reserves the right at its sole discretion whether to provide an answer.

An answer to any Vendor question given orally or via email is considered as tentative, unofficial, and non-binding on ECOLOGY. For any changes to the RFQ as a result of questions or comments will be issued via a written amendment by the RFQ Coordinator and provided through WEBS, this will assure accurate and consistent information to all interested vendors.

Submission of Qualifications Due date and time: All submittals must be received by the RFQ Coordinator no later than the due date and time specified in the RFQ Estimated Schedule at the specific location identified on cover page of this RFQ.

Vendor must allow enough delivery time to ensure timely receipt of its Response by the RFQ Coordinator.

Vendors are responsible for the timely submission of their Response. Submittals not received by the date and time specified, or at location other than that specified, will not be accepted and shall be disqualified from further consideration.

For emails, the "receive date/time" posted by the ECOLOGY’s email system will be used as the official time stamp for the time of receipt for the response. Vendors should allow sufficient time to ensure timely receipt of the email. ECOLOGY assumes no responsibility for delays and or errors caused by Vendor’s e-mail, ECOLOGY’s email, network events, or any other party.

Vendors assume full responsibility for timely, correct, and complete receipt of all submissions to the RFQ Coordinator. It is the Vendor’s responsibility to contact the RFQ Coordinator to verify that the items submitted are received in complete and usable form.

Submittal: Submit an electronic copy of the Response to the RFQ Coordinator identified on the cover page. Submittals are to be legible and complete and properly signed by an authorized representative Illegible Response may be rejected as nonresponsive.

Format: Electronic copy must be in either Microsoft or Adobe product formats. Electronic digital signatures are accepted. The Vendor may submit PDF images with original signatures for the documents that require the signature of an authorized Vendor representative.

Identification and Delivery: To facilitate proper delivery and processing, Responses sent by email are to include in the subject line the RFQ number and title.

Cost of Response Preparation ECOLOGY will not reimburse Vendors for any costs associated with preparing or presenting a Response to this RFQ.

Response Property of ECOLOGY All materials submitted in response to this RFQ become the property of ECOLOGY, unless received after the deadline in which case the Response will be returned back to the sender. ECOLOGY has the right to use any of the ideas presented in any material offered that is not proprietary to the Vendor, selection or rejection of a Response does not affect this right.

Proprietary or Confidential Information All records submitted to the ECOLOGY relating to state procurement are exempt from public disclosure prior to the announcement of the apparent successful Vendor. Upon receipt of a Response and until such announcement is issued, ECOLOGY will withhold Vendor submissions and deny disclosure in the event a request for public inspection or copying is made pursuant to Chapter 42.56 RCW.

However, once the apparent successful Vendor announcement is issued, Department of Ecology will withhold information marked confidential or proprietary only to the extent Ecology believes information is exempt under applicable laws. When a third party requests a Vendor’s information, Ecology may or may not notify the affected Vendor prior to releasing. In the event of such notification, the Vendor must obtain a court order enjoining disclosure or ECOLOGY will release the information on the date specified.

Errors in Response Vendors are liable for all errors or omissions contained in their Responses. Vendors will not be allowed to alter Response documents after the deadline for Response submission. ECOLOGY is not liable for any errors in Responses.

Waive Minor Administrative Irregularities ECOLOGY reserves the right to consider the actual level of Vendor’s compliance with the requirements specified in this RFQ and to waive informalities in a Response. Informality is an immaterial variation from the exact requirements of this RFQ, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to Vendors. ECOLOGY reserves the right to waive minor administrative irregularities contained in any Response.

Responsiveness All Responses will be reviewed by the RFQ Coordinator to determine compliance with administrative requirements and instructions, and minimum requirements specified in this RFQ. The Vendor is specifically notified that failure to comply with any part of the RFQ may result in rejection of their Response as non-responsive. Any Response that is rejected as non-responsive will not be evaluated for award.

Exclusive Use This RFQ is being issued for ECOLOGY’s exclusive use for the purpose set forth in this RFQ. The results of this RFQ may not be used to satisfy the competitive requirements of any other agency that may choose to purchase similar goods or services directly from the awarded Vendor.

Nondiscrimination Nondiscrimination Requirement. During the term of this Contract, Bidder, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3).

Nondiscrimination Certification. Pursuant to legislative enactment, Bidder shall certify it has not willfully violated Washington’s nondiscrimination law, RCW 49.60.530(3), 9 RCW. Refer to RCW 39.26.160 (2) (f) for requirements.

Bidder is to submit a completed certification for Nondiscrimination Certification form in Appendix G – Nondiscrimination Certification with their response. Bidder is to review requirements for nondiscrimination in the General Terms and Conditions, Appendix, E, Sample Service Contract.

Minority and Women-Owned Business Participation In accordance with RCW 39.80, the State of Washington encourages participation in all of its contracts by Minority and Woman Owned Business Enterprise (MWBE) firms either self-identified or certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek equitable representation from the minority and women’s business community.

Participation may be either on a direct basis in response to this RFQ or as a subcontractor. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the original RFQ, no preference will be included in the evaluation of Responses, no minimum level of MWBE participation shall be required as condition for receiving an award, and Responses will not be evaluated, rejected, or considered non-responsive on that basis.

Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the original RFQ will apply. Vendors may contact Office of Minority and Woman Owned Business Enterprise (OMWBE) to obtain information on certified firms for potential sub-contracting arrangements. Nothing in this section is intended to prevent or discourage Vendors from inviting participation from non-MWBE firms as well as MWBE firms.

Vendors who are MWBE or intend to use MWBE subcontractors are encouraged to identify the participating firm on Appendix B. For questions related to MWBE, contact OMWBE toll free at 866-208-1064.

Wage Laws Certification Vendor is to certify it has not willfully violated Washington’s wage laws, Title 49 RCW.

Vendor is to submit the completed certification for Wage Laws Certification form in Appendix C – Wage Laws Certification with their Response.

Small Businesses and Diverse Businesses ECOLOGY, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. Review, e.g., RCW 39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA Certified Veteran-Owned Businesses); and RCW 39.26.005 (Washington Small Businesses).

Subcontractor Use Awarded Vendor agrees that any and all such Subcontractor relationships must be Subcontractor(s) to the A/E and the A/E must be the Prime Contractor. A/E agrees that, as Prime Contractor, the Vendor accepts full responsibility for successful performance of the work requested in this RFQ and will indemnify Ecology for the acts and omissions of its Subcontractor(s). A/E agrees that Ecology has the rights to request the removal of any Subcontractor(s) or other third-party staff from performance under this contract, if such happens the Contractor will not be relieved of its responsibilities under this contract.

Non-Endorsement and Publicity Neither ECOLOGY nor the end users are endorsing the Vendor’s goods or services, nor suggesting that they are the best or only solution to their needs. The Vendor agrees to make no reference to ECOLOGY, any end user or the state of Washington in any literature, promotional material, brochures, sales presentation or the like, regardless of method of distribution, without the prior review and express written consent of ECOLOGY.

Cost Negotiations ECOLOGY will negotiate the contract prices (fees) with the ASV.

No Obligation to Contract ECOLOGY reserves the right to refrain from contracting with any and all Vendors. Neither the release of this RFQ document nor the execution of a resulting Contract obligates ECOLOGY to make any purchases.

Rejection of Responses ECOLOGY reserves the right at its sole discretion to reject any and all Responses received, without penalty, and not to issue a contract as a result of this RFQ.

Right to Cancel ECOLOGY reserves the right to cancel or to reissue the RFQ in whole or in part, prior to contract signature.

Award Intent ECOLOGY intends to award only one (1) Contract. One (1) successful Vendor will be identified via this RFQ.

Insurance Coverage The awarded Vendor is required to obtain insurance to protect the State should there be any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Vendor or its Subcontractor(s), or their agents, while performing work under the terms of any Contract resulting from this RFQ. Refer to Appendix E, Sample Service Contract for a description of the insurance requirements.

EVALUATION AND CONTRACT AWARD

Basis for Evaluation Contract award shall be made to a Vendor based on the evaluation and award criteria established herein and subject to consideration of all factors identified herein and requirements in state law.

Responses will only be evaluated on the basis of the information provided in the Vendor’s Response. Vendors are not to assume that the evaluators know anything about the Vendor. Therefore, it is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the Response. Failure of a Vendor to provide such may result in the Vendor receiving a low evaluation score or being deemed non-responsive.

Evaluation Steps Step 1: Responsiveness Evaluation Responses will be initially reviewed by the RFQ Coordinator to determine on a pass/fail basis compliance with administrative requirements of this RFQ. Responses meeting the administrative requirements will then be reviewed on a pass/fail basis to determine if the Response meets the Mandatory requirements (M) outlined in Section 4 – Submittal Requirements, and the Vendor meets the Minimum Vendor Qualifications. Only Responses that satisfactorily pass the Responsiveness Evaluation will be further evaluated. ECOLOGY reserves the right to determine at its sole discretion whether Vendor’s Response to a requirement is sufficient to pass. If the Vendor does not pass the Responsiveness Evaluation step, they will be deemed non-responsive and will not be further evaluated.

Step 2: Evaluation of Responses ECOLOGY will use the Evaluation Criteria to evaluate and score Vendor’s responses to the scored requirements in Section 4 – Submittals Requirements.

The evaluation of Responses shall be accomplished by an evaluation team, to be designated by ECOLOGY, which will determine the scoring of the Responses.

Step 3: Vendor Interviews ECOLOGY may select the top-scoring Vendor(s) advanced from Step 2, for a Vendor Interview (Refer to section 3.5) to participate in a Vendor Interview.

Step 4: Reference Evaluation The Evaluation Team may contact references and evaluate Vendor’s references for Pass/Fail. References will be used to assist in the evaluation of timeliness, performance, industry knowledge, and customer service.

ECOLOGY reserves the right to contact references supplied by the Vendor and to contact others who may have pertinent information regarding the Vendor’s prior experience and ability to perform the services contemplated in this RFQ and use such in the evaluation process.

Clarification of Response The RFQ Coordinator may contact the Vendor for clarification of any portion of the Vendor’s Response.

Evaluation and Scoring Points The following categories and points will be assigned for Response evaluation purposes:

Technical Proposal

Management Proposal

Small Business and Veteran Business Preference Points ECOLOGY, in accordance with Washington law, encourages small businesses and veteran businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. Review, e.g., RCW 39.26.005 (Washington Small Businesses); and RCW 43.60A.200 (WDVA Certified Veteran-Owned Businesses).

Bidder that qualifies is to submit the certification attached, Appendix G, Small Business and Veteran Business Certification. In support of the state’s economic goals and to support a diverse supplier pool. ECOLOGY will evaluate bids for best value and provide a bid preference identified herein to any bidder who certifies, pursuant to the certification attached, Appendix G, Small Business and Veteran Business Certification.

Vendor Interview ECOLOGY, at its sole discretion, may elect to select the top-scoring Vendor(s) from the written evaluation for an oral presentation and determination of contract award. ECOLOGY will contact the top scoring Vendor(s) to schedule a date, time, and location for a Vendor Interview. ECOLOGY reserves the right to select and award to a Vendor without conducting an interview based on Vendor’s score.

If an interview is requested, ECOLOGY will prepare a list of technical questions for the Vendor to answer in a sixty to ninety (60-90) minute time period. The answers to the questions will be scored to aid in the evaluation of the Response. The Vendor presentation will include review and confirmation of the Vendor’s Response, and may include service and product description and demonstration, demonstration of Vendor’s capabilities, etc. to aid in the evaluation of the Vendor. Representations made by the Vendor during the oral presentation will be considered binding.

If possible and for best results, the Vendor’s proposed Principal/Project Manager and key staff who will be providing the services should participate.

The score from the Vendor presentation will be used to determine the Apparent Successful Vendor.

Selection of Apparent Successful Vendor Apparent Successful Vendor selection begins after all evaluation steps are completed as outlined in Section 3 – Evaluation and Contract Award.

Based on the evaluation process, Vendor with the highest total score and best meet the State’s needs and offers the best value in the interest of ECOLOGY will be declared the ASV. When evaluation of responses produces numerical ratings that are substantially equivalent, i.e., scores separated by 2% or less of the total available points, ECOLOGY reserves the right to award the contract to the Vendor whose response is deemed to be in ECOLOGY’S best interest.

Notification of Apparent Successful Vendor All Vendors responding to this RFQ will be notified when ECOLOGY has determined the ASV. The date of announcement of the ASV will be the date of the notification from ECOLOGY. The Vendors will be notified via an email from DES WEBS initialed by the RFQ Coordinator.

Designation as an Apparent Successful Vendor does not imply that the State will issue an award to your firm. It merely suggests that at this moment in time the State believes your Response to be responsive. This designation allows the State to perform a further responsiveness and responsibility analysis and ask for additional documentation. The State is also at liberty to re-review and determine whether the Response is truly responsive as initially believed. The Vendor must not construe this as a notification of award, impending award, an attempt to negotiate, etc. If you act or fail to act in reliance of this notification, you do so at your own risk and expense.

Contract Negotiations with Apparent Successful Vendor After the notification of the ASV, ECOLOGY may enter into contract negotiations with the ASV, which may include discussion regarding the terms of the Response. Contract negotiations may result in incorporation of some or the Vendor’s entire Response. The Vendor should be prepared to accept this RFQ for incorporation into a contract resulting from this RFQ. It is also understood that the Response will become part of the contract and the official file.

Should contract negotiations fail to be completed within one (1) month after initiation, ECOLOGY may immediately cease contract negotiations and declare the Vendor with the next highest score as the new ASV and enter into contract negotiations with that Vendor.

The ASV will be expected to execute the Contract within ten (10) Business Days of its receipt of the final Contract. If the selected Vendor fails to sign the Contract within the allotted ten (10) days timeframe, ECOLOGY may elect to cancel the award, and award the Contract to the next ranked Vendor, or cancel or reissue this RFQ (Refer to Subsection 2.23 - Right to Cancel).

Debriefing of Unsuccessful Vendors Only Vendors who submit a Response may request an optional debriefing conference to discuss the evaluation of their Response. Upon request, a debriefing conference will be scheduled with an unsuccessful Vendor. The RFQ Coordinator must receive the request for a debriefing conference within three (3) business days after the announcement of ASV is sent to the responding Vendors. The debriefing conference is held within three (3) business days of the request, unless ECOLOGY chooses a more convenient time.

Discussion at the debriefing conference will be limited to the following:

· Evaluation and scoring of the Vendor’s Response.

· Critique of the Vendor’s Response.

· Review of the Vendor’s final score and ranking in comparison with other Vendors’ final scores without identifying the other Vendors.

Debriefing conferences may be conducted in person or on the telephone, and will be scheduled for no more than one hour.

SUBMITTAL REQUIREMENTS

Presentation and Organization Vendors are encouraged to label and organize their Response for ease of evaluation in the following order:

· Vendor’s introductory cover letter acknowledging receipt of all RFQ amendments issued, if any.

· Appendix A – Signed Certifications and Assurances.

· Appendix B – MWBE Participation form.

· Appendix C – Wage Laws Certification.

· Any noted exceptions to Appendix E, Sample Service Contract.

· Appendix F – Nondiscrimination Certification

· Appendix G– Small Business and Veteran Businesses form, if applicable.

· Appendix H – Diverse Business Inclusive Plan – Subcontractor Declaration form.

· Appendix I – Diverse Business Inclusive Plan -Subcontractor form, if applicable.

· Amendments, (if any) signed and returned as instructed in the Amendment – Vendor is to check the WEBS site for any and all amendments.

· Response to Minimum Vendor Qualifications (Section 4.2).

· Response to the Technical Proposal (Section 4.3).

· Response to the Management Proposal (Section 4.4).

· Response to Past Customer References (Section 4.5).

· Response to Informational Background (Section 4.6).

· Other documentation or materials, as necessary.

· Electronic copy of submittals.

Standard brochures are not to be included in the submittals. There should not be any unnecessary attachments, enclosures, or exhibits. Any electronic submittals shall be in Microsoft Office or Adobe .pdf formats. Charts and spreadsheets may be larger than normal letter size 8.5 in x 11 in paper. Failure to follow these instructions may result in disqualification.

Items marked (M) “mandatory” or (MS) “mandatory/scored” must be included as part of the Response to this RFQ to be considered responsive. Sections marked “(M)” are not scored, but may be used for evaluation purposes on a pass/fail basis. Items marked “(MS)” are those that are awarded points as part of the evaluation conducted by the evaluation team.

(M) Minimum Vendor Qualifications Vendor is to provide a statement of compliance with the following minimum requirements:

1. Vendor must be licensed to do business in the State of Washington or provide a statement that it will become licensed in Washington State within 30 calendar days of being selected as the Apparent Successful Vendor.

2. Vendor must have been in business for a minimum of three (3) years providing those service identified herein.

3. Vendor must have prior experience in Remedial/Clean-up Action and MTCA Site Management.

4. Vendor must not be suspended or debarred from government contracts.

(MS) Technical Proposal Vendor is to provide in 30 pages or less a Technical Proposal that includes the following elements:

1. Approach/Methodology – Provide a description of the Vendor’s proposed approach and methodology for providing the engineering services identified herein.

2. Work Plan – Provide a plan for the tasks, activities, reports, etc. with a proposed schedule necessary to accomplish the work described this RFQ. The Proposal must contain sufficient detail to convey to the members of the evaluation team that the Vendor has knowledge of the subject matters, adequate resources, and skills necessary to successfully complete the work. For any additional activities not already identified but would be necessary to achieve the objectives of this RFQ (Section 1.2, Objective) provide a rationale and plan. Identify any potential risk that are considered significant to the success of the work and steps that will be taken to monitor and manage these items.

(MS) Management Proposal Vendor is to provide in 20 pages or less a Management Proposal that includes the following elements:

1. Management Structure –

a. Provide a description of the proposed work team structure and internal controls that will be used for completing the work, including any subcontractor involvement.

b. For any subcontractors that will be used in the fulfillment of the contract, identify their role and relationship to the Vendor, and the person(s) in the Vendor’s firm responsible for subcontractor’s performance.

c. Provide an organization chart for your firm indicating lines of authority for personnel involved in the performance under this contract.

d. Identify the person(s) who will have the prime responsibility and final authority for the work.

e. Describe your internal policies and procedures for handling conflicts of interests and client confidentiality.

2. Staff Qualifications –

a. Identify key staff, including subcontractor’s staff, who will be assigned to the work, describing their responsibilities and qualifications, and include the amount of time each person will be assigned to the project.

b. Include the résumés for the named key staff that includes information on the individual’s particular skills, education, experience, significant accomplishment, and any other pertinent information related to performance of this project. (Résumés are not restricted to a page limit.)

c. Vendor is to provide a statement that the Vendor commits the staff identified in its Response will actually perform the work as designated. The Vendor must commit the same level of staff expertise throughout the duration of the contract. Any staff substitution must have prior approval by ECOLOGY.

3. Past Experience –

a. Describe relevant experience that demonstrates the qualifications of the Vendor, and any subcontractors, for the performance of the work described in this RFQ.

b. Include a list of the contracts the Vendor has had within the past 5 years that relate to the Vendor’s ability to perform the services needed under this RFQ.

(MS) Past Customer References Vendor is to provide three (3) customer references to whom the Vendor has provided similar services as described herein within the last 3 years. The Vendor is responsible to ensure that every reference contact is available during the evaluation period.

References must be:

· Complete with company names, addresses, contact persons, telephone numbers, and electronic mail addresses.

· Independent of the Vendor’s company/corporation (i.e. non-Vendor owned, in whole or in part, or managed in whole or in part).

· From unique references, in no event shall the Vendor submit two references from the same client/business entity.

· Do not include current ECOLOGY staff as references.

(M) Informational Background

1. Vendor is to provide by attachment the following information about the Vendor and any proposed subcontractors:

a. Name, address, principal place of business, telephone number, and email address of legal entity or individual with whom a contract would be written.

b. Legal status of the Vendor (sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists.

c. Location of the office/facility from which the Vendor would operate and the normal business hours. Identify if Vendor has an office in Washington State.

d. Federal Employer Tax Identification number (if Social Security number, then do not provide but indicate it is available) and if available the Washington Uniform Business Identification (UBI) number issued by the state of Washington Department of Revenue.

2. Vendor is to provide the following related Vendor Information:

a. A statement acknowledging whether or not any state employees or former state employees serve on the Vendor’s governing board as of the due date of this RFQ. If yes, then include their position and responsibilities within the Vendor’s organization. Refer to Ethics in Public Service, RCW 42.52. If following a review of this information it is determined by ECOLOGY that a conflict of interest exists, the Vendor may be disqualified from further consideration for the award of a contract.

b. A statement acknowledging whether or not a member of the Vendor’s staff or subcontractor’s staff was an employee of the state of Washington during the past 24 months or is currently a Washington State employee. If yes, then identify the individual by name, where previously or currently employed, job title or position held, and separation date. Refer to Ethics in Public Service, RCW 42.52, especially 42.52.080 which pertains to “Employment after public service.” If following a review of this information it is determined by ECOLOGY that a conflict of interest exists, then the Vendor may be disqualified from further consideration for the award of a contract or requested to remove the staff from the project.

c. A statement acknowledging whether or not the Vendor or any subcontractor has contracted with the State of Washington during the past 24 months. If yes, then indicate the name of agency, the contract number, contact person, and brief project description and/or other information to identify the contract. ECOLOGY may use such information for evaluation of past performance.

d. A statement acknowledging whether or not the Vendor has had a contract terminated for default in the last five (5) years by a government entity. If yes, then briefly describe such incident, submit details of the terms for default including the other party’s name, address, and phone number, and present the Vendor’s current position on the matter. ECOLOGY will evaluate the facts and may at its sole discretion, reject the Vendor on the grounds of the past experience. Termination for default is defined as notice to stop performance due to the Vendor’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer or (b) litigated and such litigation determined that the Proposer was in default.

e. Vendor must disclose to Ecology any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of the Bidder in rendering service to Ecology under the resulting contract. If following a review of this information it is determined by Ecology that a conflict of interest exists, the Bidder may be disqualified from further consideration for the award of a contract. If during review of the Bidder’s bid, Ecology finds a potential for a conflict of interest, Ecology may disqualify the bid from further consideration for the award of a contract.

APPENDIX A

Certifications and Assurances

I/We, Vendor, make the following certifications and assurances as a required element of the Response, to which it is attached, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the RFQ are conditions precedent to the award or continuation of the resulting Contract.

1. In preparing this Response, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this RFQ, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Response. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

2. We understand that ECOLOGY will not reimburse us for any costs incurred in the preparation of this Response or participation in an oral interview. All Responses become the property of Ecology, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Response.

3. Submission of the attached Response constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the RFQ document.

4. I/We grant ECOLOGY the right to contact references and others who may have pertinent information regarding the prior experience and ability of the Vendor and the proposed…