RFQ_40100-51532_Stream_and_Wetland_Mitigation_Credits.pdf

03.05.25 RFQ

i

STATE OF TENNESSEE

CENTRAL PROCUREMENT OFFICE

REQUEST FOR QUALIFICATIONS

FOR

STREAM AND WETLAND MITIGATION CREDITS

RFQ # 40100-51532

TABLE OF CONTENTS

SECTIONS:

1. Introduction

2. RFQ Schedule of Events

3. Response Requirements

4. General Information & Requirements

5. Procurement Process & Contract Award

ATTACHMENTS:

A. Technical Response & Evaluation Guide – Mandatory Requirement Items

B. Technical Response & Evaluation Guide – General Qualifications & Experience Items

C. Technical Response & Evaluation Guide – Technical Qualifications, Experience & Approach Items

D. Cost Proposal

E. Statement of Certifications & Assurances

F. Reference Questionnaire

G. Pro Forma Contract

RFQ #40100-51532 2

1. INTRODUCTION

The State of Tennessee, Central Procurement Office, hereinafter referred to as “the State,” issues this Request for Qualifications (“RFQ”) to define mandatory goods or services requirements; solicit responses; detail response requirements; and, outline the State’s process for evaluating responses.

Through this RFQ or any subsequent solicitation, the State seeks to buy the requested goods or services and to give ALL qualified respondents, including those that are owned by minorities, women, service-disabled veterans, persons with disabilities, and small business enterprises, the opportunity to do business with the state as contractors or subcontractors.

1.1. Statement of Procurement Purpose

The State of Tennessee, Tennessee Department of Transportation (“State”) intends to select a single, qualified, Contractor through this RFQ process to provide stream and wetland mitigation services inclusive of monitoring, repairs, permitting and mitigation bank PROM development. The Contractor will be expected to perform a variety of tasks through various Work Orders for slope stabilization, sediment and silt remediation, fence repair and other services needed and outlined in the Contract attached to this RFQ. The State expects that the Maximum Liability of this proposed Contract will be $15,000,000.00.

1.2. Pre-Response Conference

A Pre-Response Conference will be held at the time and date detailed in the RFQ Schedule of Events, RFQ § 2. Pre-Response Conference attendance is not mandatory, and potential Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations. Please contact the Solicitation Coordinator to RSVP for the Pre-Response Conference. The Conference will be held at:

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1.3. Notice of Intent to Respond

Before the Notice of Intent to Respond Deadline detailed in RFQ § 2, Schedule of Events, potential Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond in the form of a simple e-mail or other written communication. Such notice should include the following information: the business or individual’s name (as appropriate), a contact person’s name and title, the contact person’s mailing address, telephone number, facsimile, number, and e-mail address. Filing a Notice of Intent to Respond is not a prerequisite for submitting a response;

however, it is necessary to ensure receipt of notices and communications relating to this RFQ.

1.4. Definitions and Abbreviations

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RFQ #40100-51532 3

TERM DEFINITION

RFQ Request for Qualifications

2. RFQ SCHEDULE OF EVENTS

The following schedule represents the State’s best estimates for this RFQ; however, the State reserves the right, at its sole discretion, to adjust the schedule at any time, or cancel and reissue a similar solicitation. Nothing in this RFQ is intended by the State to create any property rights or expectations of a property right in any Respondent.

EVENT

TIME

(Central Time Zone)

DATE

(all dates are State business days)

1. RFQ Issued September 11, 2025

2. Disability Accommodation Request Deadline 2:00 p.m. September 18, 2025

3. Pre-Response Conference 10:00 a.m.

September 22, 2025

4. Notice of Intent to Respond Deadline 2:00 p.m. September 24, 2025

5. Written “Questions & Comments” Deadline 2:00 p.m. September 29, 2025

6.

State response to written “Questions & Comments”

October 15, 2025

7. RFQ Response Deadline 2:00 p.m. October 31, 2025

8.

State Completion of Technical Response Evaluations

November 12, 2025

9.

State Schedules respondent Oral Presentations (ONLY Respondents who qualify per Section 5.2.1.)

November 17, 2025

10. Respondent Oral Presentations December 1 – 3, 11.

RFQ Cost Proposal Opened (ONLY for the apparent successful Respondents)

December 8, 2025

12. RFQ Negotiations (if applicable) December 9 – 11, 13.

State Notice of Intent to Award Released and RFQ Files Opened for Public Inspection

December 15, 2025

14. End of Protest Period December 22, 2025

15.

State sends contract to Contractor for signature

January 5, 2025

16. Contractor Signature Deadline 2:00 p.m. January 12, 2025

RFQ #40100-51532 4

3. RESPONSE REQUIREMENTS

3.1. Response Contents: A response to this RFQ should address the following:

3.1.1. Mandatory Requirements: This section details the mandatory technical, functional, and experience requirements that must be demonstrated in the response to this RFQ in order to be passed on to Phase II of the Technical Response evaluation. A Respondent should duplicate and use RFQ Attachment A as a guide to organize responses for the Mandatory Requirements of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

This section is included in the State’s evaluation as to whether or not a Respondent meets mandatory qualifications (Phase I).

3.1.2. General Qualifications & Experience: This section is included in the State’s evaluation of Phase II of the Technical Response Evaluation and details general information and qualifications that must be demonstrated in the response to this RFQ. A Respondent should duplicate and use RFQ Attachment B as a guide to organize responses for this portion of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

3.1.3. Technical Qualifications, Experience & Approach: This section is also included in the

State’s evaluation of Phase II of the Technical Response Evaluation and details technical qualifications, experience, and approach items that must be demonstrated in the response to this RFQ. A Respondent should duplicate and use RFQ Attachment C as a guide to organize responses for this portion of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

3.1.4. Cost Proposal:

3.1.4.1. If included as part of this solicitation, then the Cost Proposal must be recorded on an exact duplicate of RFQ Attachment D, Cost Proposal. Any response that does not follow the instructions included in RFQ Attachment D may be deemed nonresponsive.

3.1.4.2. A Respondent must only record the proposed cost exactly as required by the RFQ Attachment D, Cost Proposal and must NOT record any other rates, amounts, or information.

3.1.4.3. The proposed cost shall incorporate ALL costs for services under the contract for the total contract period.

3.1.4.4. A Respondent must sign and date the Cost Proposal.

3.1.4.5. A Respondent must submit the Cost Proposal to the State in a sealed package separate from the Technical Response.

3.2. Response Delivery Location

A Respondent must ensure that the State receives a Response to this RFQ no later than the Response Deadline time and dates detailed in the RFQ § 2, Schedule of Events. All responses must be delivered to:

Joshua Polk State of Tennessee, Central Procurement Office 312 Rosa L Parks Ave., 3rd Floor Nashville, TN 37243 615-360-4460

RFQ #40100-51532 5

3.3. Response Format

3.3.1. A Respondent must ensure that both the original Technical Response and Cost Proposal documents meet all form and content requirements, including all required signatures, as detailed within this RFP, as may be amended.

3.3.2. A Respondent must submit original Technical Response and Cost Proposal documents and copies as specified below.

3.3.2.1. One (1) original Technical Response paper document labeled:

“RFQ # 40100-51532 TECHNICAL RESPONSE ORIGINAL”

and five (5) digital copies of the Technical Response each in the form of one

(1) digital document in “PDF” format properly recorded on its own otherwise blank, USB flash drive labeled:

“RFQ # 40100-51532 TECHNICAL RESPONSE COPY”

The digital copies should not include copies of sealed customer references, however any other discrepancy between the paper Technical Response document and any digital copies may result in the State rejecting the proposal as non-responsive.

3.3.2.2. One (1) original Cost Proposal paper document labeled:

“RFQ # 40100-51532 COST PROPOSAL ORIGINAL”

and one (1) copy in the form of a digital document in “PDF/XLS” format properly recorded on separate, blank, USB flash drive labeled:

“RFQ # 40100-51532 COST PROPOSAL COPY”

In the event of a discrepancy between the original Cost Proposal document and the digital copy, the original, signed document will take precedence.

3.3.3. A Respondent must separate, seal, package, and label the documents and copies for delivery as follows:

3.3.3.1. The Technical Response original document and digital copies must be placed in a sealed package that is clearly labeled:

“DO NOT OPEN… RFQ # 40100-51532 TECHNICAL RESPONSE FROM

[RESPONDENT LEGAL ENTITY NAME]”

3.3.3.2. The Cost Proposal original document and digital copy must be placed in a separate, sealed package that is clearly labeled:

“DO NOT OPEN… RFQ # 40100-51532 COST PROPOSAL FROM

[RESPONDENT LEGAL ENTITY NAME]”

3.3.3.3. The separately, sealed Technical Response and Cost Proposal components may be enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled:

“RFQ # 40100-51532 SEALED TECHNICAL RESPONSE & SEALED COST

RFQ #40100-51532 6

PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]”

3.3.4. A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events at the following address:

Joshua Polk State of Tennessee, Central Procurement Office 312 Rosa L Parks Ave., 3rd Floor Nashville, TN 37243 615-360-4460

3.4. Response Prohibitions: A response to this RFQ shall not:

3.4.1. Restrict the rights of the State or otherwise qualify the response to this RFQ;

3.4.2. Include, for consideration in this procurement process or subsequent contract negotiations, incorrect information that the Respondent knew or should have known was materially incorrect;

3.4.3. Include more than one response, per Respondent, to this RFQ;

3.4.4. Include any information concerning costs (in specific dollars or numbers) associated with the Technical Response;

3.4.5. Include the respondent’s own contract terms and conditions (unless specifically requested by the RFQ); or

3.4.6. Include the respondent as a prime contractor while also permitting one or more other respondents to offer the respondent as a subcontractor in their own responses.

3.4.7. Exceed seventy five (75) pages in length (maps, graphs, and charts included as an appendix will not count against this page limit)

3.5. Response Errors & Revisions

A Respondent is responsible for any and all errors or omissions in its response to this RFQ. A Respondent will not be allowed to alter or revise its response after the Response Deadline time and dates as detailed in RFQ § 2, Schedule of Events, unless such is formally requested in writing by the State (e.g., through a request for clarification, etc.).

3.6. Response Withdrawal

A Respondent may withdraw a response at any time before the Response Deadline time and date as detailed in RFQ § 2, Schedule of Events, by submitting a written signed request by an authorized representative of the Respondent. After withdrawing a response, a Respondent may submit another Response at any time before the Response Deadline time and date as detailed in RFQ § 2, Schedule of Events.

3.7. Response Preparation Costs

The State will not pay any costs associated with the preparation, submittal, or presentation of any response. Each Respondent is solely responsible for the costs it incurs in responding to this

RFQ.

4. GENERAL INFORMATION & REQUIREMENTS

RFQ #40100-51532 7

4.1. Communications

4.1.1. Respondents shall reference RFQ #40100-51532 in all communications relating to this solicitation, and direct any such communications to the following person designated as the Solicitation Coordinator:

Joshua Polk Central Procurement Office 312 Rosa L Parks Ave, 3rd Floor 615-360-4460 Joshua.Polk@tn.gov

The State will convey all official responses and communications related to this RFQ to the potential respondents from whom the State has received a Notice of Intent to Respond (refer to RFQ Section 1.3.).

4.1.2. Potential respondents with a handicap or disability may receive accommodation relating to the communication of this RFQ and participating in the RFQ process. Potential respondents may contact the RFQ Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in RFQ § 2, Schedule of Events.

4.1.3. Unauthorized contact about this RFQ with other employees or officials of the State of Tennessee may result in disqualification from contract award consideration.

4.1.4. Notwithstanding the foregoing, potential Respondents may also contact the following as appropriate:

4.1.4.1. Staff of the Governor’s Office of Diversity Business Enterprise may be contacted for assistance with respect to available minority-owned, woman-owned, service-disabled veteran-owned, businesses owned by persons with disabilities and small business enterprises as well as general public information relating to this request; or

4.1.4.2. The following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regulations:

Helen Crowley Department of General Services Central Procurement Office William R. Snodgrass TN Tower – 3rd Floor Nashville, TN 37243 Helen.Crowley@tn.gov

(615) 741-3836

4.2. Nondiscrimination

No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a contract pursuant to this solicitation or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion (subject to Tenn. Code Ann. §§ 4-21-401 and 405), sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this solicitation shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

4.3. Conflict of Interest

mailto:Joshua.Polk@tn.gov

RFQ #40100-51532 8

4.3.1. The State may not consider a proposal from an individual who is, or within the past six (6) months has been, a State employee. For these purposes,

4.3.1.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;

4.3.1.2. A contract with or a proposal from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and

4.3.1.3. A contract with or a proposal from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest.

4.3.2. This RFQ is also subject to Tenn. Code Ann. § 12-4-101—105.

4.4. Respondent Required Review & Waiver of Objections

4.4.1. Each potential respondent must carefully review this RFQ, including but not limited to, attachments, the RFQ Attachment G, pro forma Contract, and any amendments for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”).

4.4.2. Any potential respondent having questions and comments concerning this RFQ must provide such in writing to the State no later than the written “Questions & Comments Deadline” detailed in RFQ § 2, Schedule of Events.

4.4.3. Protests based on any objection shall be considered waived and invalid if the objection has not been brought to the attention of the State, in writing, by the written “Questions & Comments Deadline.”

4.5. Disclosure of Response Contents

4.5.1. All materials submitted to the State in response to this solicitation become property of the

State of Tennessee. Respondents are cautioned not to provide any materials in response to this RFP that are trade secrets, as defined under Tenn. Code Ann. § 47-25- 1702 and applicable law. By submitting a response to this RFP, the respondent acknowledges and agrees that the State shall have no liability whatsoever for disclosure of a trade secret under the Uniform Trade Secrets Act, as provided at Tenn. Code Ann. § 47-25-1701-1709, or under any other applicable law. Selection for award does not affect this right. By submitting a response, a Respondent acknowledges and accepts that the full contents and associated documents submitted in response to this request will become open to public inspection in accordance with the laws of the State of Tennessee.

Refer to RFQ § 2, Schedule of Events.

4.5.2. The RFQ responses will be available for public inspection only after the completion of evaluation of the RFQ or any resulting solicitation which this RFQ becomes a part of, whichever is later.

4.6. Notice of Professional Licensure, Insurance, and Department of Revenue Registration

Requirements

4.6.1. All persons, agencies, firms or other entities that provide legal or financial opinions, which a Respondent provides for consideration and evaluation by the State as part of a response to this RFQ, shall be properly licensed to render such opinions.

4.6.2. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent (and Respondent employees and subcontractors, as applicable) must hold all necessary, appropriate business and professional licenses to provide service as required. The State may require any Respondent to submit evidence of proper licensure.

RFQ #40100-51532 9

4.6.3. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent must provide a valid, Certificate of Insurance indicating current insurance coverage meeting minimum requirements as may be specified by the RFQ.

4.6.4. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent must be registered with the Department of Revenue for the collection of Tennessee sales and use tax. The State shall not approve a contract unless the Respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement.

The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. To register, please visit the Department of Revenue’s Tennessee Taxpayer Access Point (TNTAP) website for Online Registration and the Vendor Contract Questionnaire. These resources are available at the following:

https://tntap.tn.gov/eservices/_/#1

4.7. RFQ Amendments & Cancellation

4.7.1. The State reserves the right to amend this RFQ at any time, provided that it is amended in writing. However, prior to any such amendment, the State will consider whether it would negatively impact the ability of potential respondents to meet the deadlines and revise the RFQ Schedule of Events if deemed appropriate. If a RFQ amendment is issued, the State will convey it to potential respondents who submitted a Notice of Intent to Respond (refer to RFQ § 1.3). A response must address the final RFQ (including its attachments) as may be amended.

4.7.2. The State reserves the right, at its sole discretion, to cancel or to cancel and reissue this RFQ in accordance with applicable laws and regulations.

4.8. State Right of Rejection

4.8.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all proposals.

4.8.2. The State may deem as nonresponsive and reject any proposal that does not comply with all terms, conditions, and performance requirements of this RFQ. Notwithstanding the foregoing, the State reserves the right to seek clarifications or to waive, at its sole discretion, a response’s minor variances from full compliance with this RFQ. If the State waives variances in a response, such waiver shall not modify the RFQ requirements or excuse the Respondent from full compliance with such, and the State may hold any resulting vendor to strict compliance with this RFQ.

4.8.3. The State will review the response evaluation record and any other available information pertinent to whether or not each respondent is responsive and responsible. If the Solicitation Coordinator identifies any respondent that appears not to meet the responsive and responsible thresholds such that the team would not recommend the respondent for potential contract award, this determination will be fully documented for the record. (“Responsive” is defined as submitting a response that conforms in all material respects to the RFQ. “Responsible” is defined as having the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.)

4.9. Assignment & Subcontracting

4.9.1. The vendor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFQ without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment.

4.9.2. If a Respondent intends to use subcontractors, the response to this RFQ must specifically identify the scope and portions of the work each subcontractor will perform (refer to RFQ Attachment B, Item B.14.).

https://tntap.tn.gov/eservices/_/#1

RFQ #40100-51532 10

4.9.3. Subcontractors identified within a response to this RFQ will be deemed as approved by the State unless the State expressly disapproves one or more of the proposed subcontractors prior to signing the Contract.

4.9.4. The Contractor resulting from this RFQ may only substitute another subcontractor for a proposed subcontractor at the discretion of the State and with the State’s prior, written approval.

4.9.5. Notwithstanding any State approval relating to subcontracts, the Contractor resulting from this RFQ will be the prime contractor and will be responsible for all work under the Contract.

4.10. Next Ranked Respondent

The State reserves the right to initiate negotiations with the next ranked respondent should the State cease doing business with any respondent selected via this RFQ process.

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5. PROCUREMENT PROCESS & CONTRACT AWARD

5.1. The complete vendor selection will be a two-part process: (1) Qualification of Technical Responses; and (2) Review of Cost Proposals.

5.2. Qualification of Technical Responses: Technical Responses will be short-listed for further evaluation, analysis or negotiation if they are apparently responsive, responsible, and within the competitive range (“Competitive Range”). A Technical Response will be deemed within the Competitive Range based on the following criterion:

Technical Responses that have been evaluated in Phases I and II below and have been found to be responsive and responsible are considered to be within the Competitive Range. Respondents will have Technical scores totaled and put in ordinal ranking. Only the top ranked Respondent's cost proposal will be opened upon completion of ordinal rankings. If the State fails to come to an agreement with the Respondent, the State will move to the next ranked Respondent within the Competitive Range. Please see RFQ Sections 5.3 and 5.4. for further instructions on the negotiation process.

Phase I: The State will evaluate the Mandatory Requirements set forth in RFQ Attachment A on a pass/fail basis.

Phase II: Following the Phase I evaluation, the State will apply a standard equitable evaluation model, which will represent a qualitative assessment of each response. Each response will be scored by Evaluation Team members according to the Technical Response & Evaluation Guides (See RFQ Attachments B & C).

The Solicitation Coordinator will total the average score from the evaluation team for each responsive and responsible Respondent’s Technical Response Points for RFQ Attachments B & C to determine which of the Respondents are considered Qualified and within the Competitive Range.

5.2.1. The Solicitation Coordinator will invite the top three (3) ranked Respondents to make an Oral Presentation. The ranking will be determined after the Technical Response score is totaled and ranked (e.g., 1 – the best evaluated ranking, etc.)..

5.2.1.1. The Oral Presentations are mandatory. The Solicitation

Coordinator will schedule Respondent Presentations during the period indicated by the RFQ Section 2, Schedule of Events. The Oral Presentations will be for a duration of One (1) Hour. Respondents should leave time for potential questions from evaluators. The Oral Presentations will be held virtually. Any additional details regarding the Oral Presentation will be provided by the Solicitation Coordinator at the time of scheduling. The Solicitation Coordinator will make every effort to accommodate each Respondent’s schedules. When the Respondent Presentation schedule has been determined, the Solicitation Coordinator will contact Respondents with the relevant information as indicated by RFQ Section 2, Schedule of Events.

RFQ #40100-51532 12

5.2.1.2. Respondent Presentations are only open to the invited Respondent, Proposal Evaluation Team members, the Solicitation Coordinator, and any technical consultants who are selected by the State to provide assistance to the Proposal Evaluation Team.

5.2.1.3. Oral Presentations provide an opportunity for Respondents to explain and clarify their responses and for the State to test to better understand the practical application of the good or service as applicable. Respondents must not materially alter their responses and Presentations will be limited to addressing the items detailed in RFQ Technical Response & Evaluation Guide.

Respondent pricing shall not be discussed or provided during Oral Presentations.

5.2.1.4. The State will maintain an accurate record of each Respondent’s

Oral Presentation session. The record of the Respondent’s Oral Presentation shall be available for review when the State opens the procurement files for public inspection.

5.2.1.5. Proposal Evaluation Team members will independently evaluate each Oral Presentation in accordance with the RFQ Attachment C., Technical Response & Evaluation Guide.

5.2.2. The Solicitation Coordinator will calculate and document the average of the

Proposal Evaluation Team member scores for RFQ Attachment C., Technical Response & Evaluation Guide, and record that number as the score for Respondent’s Technical Response section.

5.3. Cost Proposals: If cost is included for this solicitation, then Cost Proposals will be opened for the highest evaluated Respondent. If the Cost Proposal is not acceptable to the State and the Respondent, then the State will open the Cost Proposal for the next apparent highest evaluated Respondent. See RFQ Attachment D, Cost Proposal.

5.4. Clarifications and Negotiations: The State reserves the right to award a contract on the basis of initial responses received; therefore, each response should contain the respondent’s best terms from a technical and cost standpoint. However, the State reserves the right to conduct clarifications or negotiations with respondents. All communications, clarifications, and negotiations shall be conducted in a manner that supports fairness in response improvement.

5.4.1. Clarifications: The State may identify areas of a response that may require further clarification or areas in which it is apparent that there may have been miscommunications or misunderstandings as to the State’s specifications or requirements. The State may seek to clarify those issues identified during one or multiple clarification round(s). Each clarification sought by the State may be unique to an individual respondent.

5.4.2. Negotiations: The State may elect to negotiate with Qualified Respondents, within the competitive range, by requesting revised responses, negotiating costs, or finalizing contract terms and conditions. The State reserves the right to conduct multiple negotiation rounds.

5.4.2.1. Cost Negotiations: All responsive respondents within the competitive range will be given equivalent information with respect to cost negotiations. All cost negotiations will be documented for the procurement file. Additionally, the State may conduct target pricing and other goods or services level negotiations. Target pricing may be based on

RFQ #40100-51532 13

considerations such as current pricing, market considerations, benchmarks, budget availability, or other methods that do not reveal individual respondent pricing. During target price negotiations, respondents are not obligated to meet or beat target prices, but will not be allowed to increase prices.

5.4.2.2. If the State determines costs and contract finalization discussions and negotiations are not productive, the State reserves the right to bypass the apparent best evaluated Respondent and enter into contract negotiations with the next apparent best evaluated Respondent.

5.5. Evaluation Guide

The State will consider qualifications, experience, technical approach, and cost (if applicable) in the evaluation of responses and award points in each of the categories detailed below. The maximum evaluation points possible for each category are detailed below.

5.6. Contract Award

5.6.1. The Solicitation Coordinator, will determine the apparent best-evaluated response using the scoring provided by the Proposal Evaluation Team. (To effect a contract award to a Respondent other than the one receiving the highest evaluation score, the Solicitation Coordinator must provide written justification and obtain written approval of the Chief Procurement Officer and the Comptroller of the Treasury.)

5.6.2. The State reserves the right to make an award without further discussion of any response.

5.6.3. The State will issue an Evaluation Notice and make the RFQ files available for public inspection at the time and date specified in the RFQ §2, Schedule of Events.

NOTICE: The Evaluation Notice shall not create rights, interests, or claims of entitlement in either the Respondent identified as the apparent best evaluated or any other Respondent.

5.6.4. The Respondent identified as offering the apparent best-evaluated must sign a contract drawn by the State pursuant to this RFQ. The contract shall be substantially the same as the RFQ Attachment G, pro forma contract. The Respondent must sign said contract no later than the Respondent Contract Signature Deadline detailed in RFQ § 2, Schedule of Events. If the Respondent fails to provide the signed contract by the deadline, the State may determine the Respondent is non-responsive to this RFQ and reject the response.

5.6.5. Notwithstanding the foregoing, the State may, at its sole discretion, entertain limited negotiation prior to contract signing and, as a result, revise the pro forma contract terms and conditions or performance requirements in the State’s best interests, PROVIDED THAT such revision of terms and conditions or performance requirements shall NOT materially affect the basis of response

Evaluation Category Maximum Points Possible

Mandatory Requirements (refer to RFQ Attachment A)

Pass/Fail

General Qualifications, Experience, Technical Qualifications, Experience & Approach (refer to RFQ Attachment B)

Technical Qualifications, Experience & Approach (refer to RFQ Attachment C)

Oral Presentations (refer to RFQ Attachment C) 10

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evaluation or negatively impact the competitive nature of the RFQ and contractor selection process.

5.6.6. If the State determines that a response is nonresponsive and rejects it, the Solicitation

Coordinator will re-calculate scores to determine (or re-determine) the apparent best-evaluated response.

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ATTACHMENT A

TECHNICAL RESPONSE & EVALUATION GUIDE

All Respondents must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). All Respondents must also detail the response page number for each item in the appropriate space below.

The Solicitation Coordinator will review all responses to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Solicitation Coordinator must review the responses and attach a written determination. In addition to the Mandatory Requirement Items, the Solicitation Coordinator will review each response for compliance with all RFQ requirements.

RESPONDENT LEGAL ENTITY

NAME:

Response Page #

(Responden t completes)

Item Ref.

Section A— Mandatory Requirement Items Pass/Fail

The Technical Response must be delivered to the State no later than the Technical Response Deadline specified in the RFQ § 2, Schedule of Events.

The Technical Response must not contain cost or pricing information of any type.

The Technical Response must not contain any restrictions of the rights of the State or other qualification of the response.

A Respondent must not submit alternate responses.

A Respondent must not submit multiple responses in different forms (as a prime and a subcontractor).

A.1. Provide the Statement of Certifications and Assurances (RFQ Attachment E) completed and signed by an individual empowered to bind the Respondent to the provisions of this RFQ and any resulting contract. The document must be signed without exception or qualification.

A.2. Provide a statement, based upon reasonable inquiry, of whether the Respondent or any individual who shall perform work under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee) and, if so, the nature of that conflict.

NOTE: Any questions of conflict of interest shall be solely within the discretion of the State, and the State reserves the right to cancel any award.

A.3. Provide a current bank reference indicating that the Respondent maintains a satisfactory business relationship with the financial institution. Such reference must be written in the form of a standard business letter, signed, and dated within the past three (3) months.

A.4. Respondent shall provide evidence that they have experience performing work similar to that requested within the scope at

RFQ #40100-51532 16

(Responden t completes)

Item Ref.

Section A— Mandatory Requirement Items Pass/Fail

Attachment G, Pro Forma Contract. Evidence shall be provided, from at least two (2) State Departments of Transportation or other governmental entity, or private entity, confirming and detailing the specific work of the respondent that correlates to the work requested in the State’s Pro Forma Contract via signed official letterhead of the respective entity. This is a separate requirement from the Reference Questionnaire requirement (Attachment F); however, the two letters needed to meet A.4 can be provided from the same references the Respondent uses to meet Attachment F, so long as the reference letter meets all requirements above.

State Use – RFQ Coordinator Signature, Printed Name & Date:

RFQ #40100-51532 17

ATTACHMENT B

TECHNICAL RESPONSE & EVALUATION GUIDE

SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.

RESPONDENT LEGAL

ENTITY NAME:

Response Page

(Respondent completes)

Item Ref.

Section B— General Qualifications & Experience Items

B.1. Detail the name, e-mail address, mailing address, telephone number, and facsimile number, if applicable, of the person the State should contact regarding the response.

B.2. Describe the Respondent’s form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, limited liability company) and business location (physical location or domicile).

B.3. Detail the number of years the Respondent has been in business.

B.4. Briefly describe how long the Respondent has been performing the goods or services required by this RFQ.

B.5. Describe the Respondent’s number of employees, client base, and location of offices.

B.6. Provide a statement of whether there have been any mergers, acquisitions, or sales of the Respondent within the last ten (10) years. If so, include an explanation providing relevant details.

B.7.

Provide a statement of whether the Respondent or, to the Respondent's knowledge, any of the Respondent’s employees, agents, independent contractors, or subcontractors, proposed to provide work on a contract pursuant to this RFQ, have been convicted of, pled guilty to, or pled nolo contendere to any felony. If so, include an explanation providing relevant details.

B.8.

Provide a statement of whether, in the last ten (10) years, the Respondent has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, include an explanation providing relevant details.

B.9.

Provide a statement of whether there is any material, pending litigation against the Respondent that the Respondent should reasonably believe could adversely affect its ability to meet contract requirements pursuant to this RFQ or is likely to have a material adverse effect on the Respondent’s financial condition. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it would impair the Respondent’s performance in a contract pursuant to this RFQ.

RFQ #40100-51532 18

(Respondent completes)

Item Ref.

Section B— General Qualifications & Experience Items

NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of such licensure detailing the state of licensure and licensure number for each person or entity that renders such opinions.

B.10.

Provide a statement of whether there is any pending or in progress Securities Exchange Commission investigations involving the Respondent. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it will impair the Respondent’s performance in a contract pursuant to this RFQ.

NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of such licensure detailing the state of licensure and licensure number for each person or entity that renders such opinions.

B.11. Provide a brief, descriptive statement detailing evidence of the Respondent’s ability to deliver the goods or services sought under this RFQ (e.g., prior experience, training, certifications, resources, program and quality management systems, etc.).

B.12.

Provide a narrative description of the proposed contract team, its members, and organizational structure along with an organizational chart identifying the key people who will be assigned to provide the goods or services required by this RFQ, illustrating the lines of authority, and designating the individual responsible for the completion of each task and deliverable of the RFQ.

B.13.

Provide a personnel roster listing the names of key people who the Respondent will assign to perform tasks required by this RFQ along with the estimated number of hours that each individual will devote to the required tasks. Follow the personnel roster with a resume for each of the people listed. The resumes must detail the individual’s title, education, current position with the Respondent, and employment history.

B.14.

Provide a statement of whether the Respondent intends to use subcontractors to accomplish the work required by this RFQ, and if so, detail:

(a) the names of the subcontractors along with the contact person, mailing address, telephone number, and e-mail address for each;

(b) a description of the scope and portions of the work each subcontractor will perform; and

(c) a statement specifying that each proposed subcontractor has expressly assented to being proposed as a subcontractor in the Respondent’s response to this RFQ.

B.15. Provide a statement of whether or not the Respondent has any current contracts with the State of Tennessee or has completed any contracts with the State of Tennessee within the previous five-year period. If so, provide the following information for all current and completed contracts:

RFQ #40100-51532 19

(Respondent completes)

Item Ref.

Section B— General Qualifications & Experience Items

(a) the name, title, telephone number and e-mail address of the State contact responsible for the contract at issue;

(b) the name of the procuring State agency;

(c) a brief description of the contract’s specification for goods or scope of services;

(d) the contract term; and

(e) the contract number.

B.16. Provide a statement and any relevant details addressing whether the Respondent is any of the following:

(a) is presently debarred, suspended, proposed for debarment, or voluntarily excluded from covered transactions by any federal or state department or agency;

(b) has within the past three (3) years, been convicted of, or had a civil judgment rendered against the contracting party from commission of fraud, or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) is presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed above; and

▪ has within a three (3) year period preceding the contract had one or more public transactions (federal, state, or local) terminated for cause or default.

B.17. Provide five references from three different persons in accordance with the instructions in Attachment F.

SCORE (for all Section B— Qualifications &

Experience Items above):

(maximum possible score =

20)

State Use – Evaluator Identification:

RFQ #40100-51532 20

ATTACHMENT C

TECHNICAL RESPONSE & EVALUATION GUIDE

SECTION C: TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH. The Respondent should explain its approach to providing goods or services to the State. The items listed below represent specific questions the State would request you answer in your response. For ease of review, please annotate your explanation so that it contains references to the items listed below where they are addressed. Respondent should not feel constrained to answer only the specific questions listed below in its explanation and should feel free to provide attachments if necessary in an effort to provide a more thorough response.

The Evaluation Team, made up of three (3) or more State employees, will independently evaluate and score the response to each item. Each evaluator will use the following whole number, raw point scale for scoring each item:

0 = little value 1 = poor 2 = fair 3 = satisfactory 4 = good 5 = excellent

The Solicitation Coordinator will multiply the Item Score by the associated Evaluation Factor (indicating the relative emphasis of the item in the overall evaluation). The resulting product will be the item’s raw, weighted score for purposes of calculating the section scores as indicated.

(Respondent completes)

Item Ref.

Section C— Technical Qualifications, Experience & Approach Items

Item Score

Evaluation Factor

Raw Weighted

Score

C.1. Provide a narrative that illustrates the Respondent’s understanding of the State’s requirements and project schedule.

C.2. Provide a narrative that illustrates how the Respondent will perform monitoring of stream and wetland mitigation sites, per Section A.3. of the Pro Forma Contract. Provide samples from previous work of SQT data report-outs as well as sample monitoring reports from previous work that further illustrate the respondent’s ability to perform mitigation site monitoring including vegetation surveys, stream channel measurements, stream surveys, and other related items.

C.3. Provide a narrative that illustrates the Respondent’s experience collecting soil and water samples and developing reports. Provide sample reports from previous work that further illustrate the respondent’s experience and abilities. Can include invertebrate, water quality, soil, and other related items.

C.4. Provide a narrative that illustrates how the Respondent will perform corrective actions on stream and wetland mitigation sites, per Section A.4. of the Pro Forma Contract. Provide sample corrective action plans from previous work that further illustrate the respondent’s process and abilities to provide this service.

C.5. Provide both sample invasive species control plans from previous work and a narrative describing the

RFQ #40100-51532 21

(Respondent completes)

Item Ref.

Section C— Technical Qualifications, Experience & Approach Items

Item Score

Evaluation Factor

Raw Weighted

Score

Respondent’s process for identifying, building and executing invasive species control plans, per Section A.4.f and A.4.g. of the Pro Forma Contract.

C.6. Describe the Respondent’s experience for sediment & silt remediation, slope stabilization and stream bank stabilization.

C.7. Provide a narrative that illustrates the Respondent’s ability to meet the requirements of Pro Forma Contract Section A.5. Including development/approval of mitigation banks, full delivery mitigation projects, design of mitigation projects, management of mitigation sites, providing long term management/stewardship, and other related items.

C.8. Provide a narrative that illustrates the Respondent’s process and abilities for obtaining 404/401 permits, developing and implementing Erosion and Sediment Control Plans and Stormwater Pollution Prevention plans per Section A.6. of the Pro Forma Contract.

Provide sample plans from previous work of each type of plan that further illustrate the respondent’s process and abilities.

The Solicitation Coordinator will use this sum and the formula below to calculate the section score. All calculations will use and result in numbers rounded to two (2) places to the right of the decimal point.

Total Raw Weighted Score:

(sum of Raw Weighted Scores above)

Total Raw Weighted Score X 70

(maximum possible score)

= SCORE:

Maximum Possible Raw Weighted Score

(i.e., 5 x the sum of item weights above)

State Use – Solicitation Coordinator Signature, Printed Name & Date:

RFQ #40100-51532 22

RFQ ATTACHMENT C— SECTION 2

TECHNICAL RESPONSE & EVALUATION GUIDE

SECTION C: ORAL PRESENTATION. The Respondent must address ALL Oral Presentation Items (below).

A Proposal Evaluation Team, made up of three or more State employees, will independently evaluate and score the oral presentation response to each item. Each evaluator will use the following whole-number, raw point scale for scoring each item:

0 = little value 1 = poor 2 = fair 3 = satisfactory 4 = good 5 = excellent

The Solicitation Coordinator will multiply the Item Score by the associated Evaluation Factor (indicating the relative emphasis of the item in the overall evaluation). The resulting product will be the item’s raw, weighted score for purposes of calculating the section score as indicated.

Oral Presentation Items Item

Score Evaluation

Factor

Raw Weighted

Score

D.1. Detail previous work experience directly related to the scope of work requested and discuss the experiences and lessons learned from this work.

D.2. Demonstrate your ability to provide complex technical information to a non-technical audience, provide a narrative discussing your process for working with regulatory agencies, developing mitigation banks, monitoring stream and wetland mitigation sites as well as your process for developing and executing corrective action plans, invasive species control plans, erosion and sediment control and pollution prevention plans.

Total Raw Weighted Score (sum of Raw Weighted…