RFQ_No._23-031-300,_Rebid_No._1_Rev._3.22.24.pdf

March 13, 2024

Request for Qualifications RFQ No. 23-031-300, Rebid No. 1

Prospective Bidders are invited to review and respond to this Request for Qualifications (RFQ) No. 23-031-300, Rebid No. 1 entitled, “Drought Response Consulting Services” for the State Water Resources Control Board (Water Board). Please note, no changes have been made since the last original advertisement. When preparing and submitting a statement of qualifications, compliance with the instructions found herein is imperative.

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

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

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

Sincerely, Ana Vega Contract Analyst

State Water Resources Control Board RFQ No. 23-031-300, Rebid No. 1

TABLE OF CONTENTS

A. Purpose and Description of Services

B. Time Schedule

C. Agreement Term

D. Respondent’s Questions

1. What to include in an inquiry

2. How to submit questions

3. Question deadline

E. Voluntary Pre-Bid Conference

F. Disabled Veteran Business Enterprise Requirement

G. Scope of Work

H. Minimum Qualification Requirements

I. Statement of Qualifications Format and Content Requirements

1. General instructions

2. SOQ Package Requirements

J. Electronic Submission of Statement of Qualifications

1. Firm’s costs

K. Statement of Qualification Requirements and Information

1. Nonresponsive SOQs

2. Withdrawal and/or resubmission of SOQs

a. Withdrawal deadline

b. Submitting a withdrawal request

c. Proposal mistakes

d. Resubmitting a SOQ package

3. Evaluation and Selection

a. SOQ opening and review

b. Statement of Qualifications

c. Evaluation and Selection Procedures

4. Disposition of SOQs

5. Inspecting or obtaining copies of SOQ packages

a. Who can inspect or copy solicitation materials

b. What can be inspected / copied and when

c. Inspecting or obtaining copies of solicitation materials

6. Verification of firm information

7. Water Board rights

a. RFQ corrections

b. Immaterial SOQ defects

c. Correction of clerical or mathematical errors

d. Right to remedy errors

e. No contract award or RFQ cancellation

L. Contract Terms and Conditions

1. Resolution of differences between RFQ and contract language

2. Executive Order N-6-22 – Russia Sanctions

M. California Civil Rights Laws Certification

N. Evaluation and Scoring ……………………………………………………….………27

O. Solicitation Attachments …………………...……………………………………….. 43

P. Sample Contract Forms / Exhibits…………………………………………………...69

BID SUBMITTAL CHECKLIST

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

Attachment Attachment Name/Description Confirmed by State

Water Board

Yes No

Letter of Interest Respondent provides copy - No form attached. Please label this attachment “Attachment 1: Letter of Interest” with SOQ package submission.

Yes No

Yes No

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

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

Yes No

Yes No

Federal Form 330 Complete Federal Form 330 for the proposing firm and any applicable subcontractors. Link to form:

https://www.gsa.gov/reference/forms/architectengineer-qualifications

Yes No

Yes No

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

Yes No

Yes No N/A

Small Business/ DVBE Certification Please label this attachment “Attachment 5: Small Business/DVBE Certification” with SOQ package submission.

Yes No N/A

Yes No

Contractor Certification Clauses (CCC-04/2017)

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

Yes No

Yes No

California Disabled Veteran Business Enterprise (DVBE) Program Requirement (Revised 10-2021) and DVBE Declarations (STD 843)

Yes No

Yes No

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

Yes

9 Bidder References Yes No

Yes No N/A

10 Darfur Contracting Act

Yes No N/A

Yes No 11 Payee Data Record (STD. 204) Form

Yes No

Yes No N/A

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

Yes No N/A

Yes No

Business License / Business Operation Tax Certificate.

Respondent provides copy - No form attached.

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

Yes No

Yes No

14 California Civil Rights Laws Certification Yes No

Yes No

Certificate of Insurance (Required AFTER Contract Award) Please see Exhibit D for insurance certificate requirements.

This must be submitted within ten (10) business days after notice of Contract Award.

Yes

A. Purpose and Description of Services

The State Water Resources Control Board, (Water Board), is soliciting Statement of Qualifications (SOQ) from firms capable of providing Drought Response Consulting Services. The SOQ must address all of the services described in the Request for Qualifications (RFQ) section entitled, “Scope of Work”.

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

B. Time Schedule

Below is the tentative time schedule for this solicitation.

Event Date/Time (If applicable)

RFQ Available to Prospective Firms on March 13, 2024

Questions Due March 29 22, 2024 by 1:00 PM PST

Deadline to request Voluntary Pre- Solicitation Conference Zoom Link

March 29 22, 2024 by 1:00 PM PST

Voluntary Pre-Solicitation Conference April 2 March 25, 2024 at 11:00 AM PST

Question/Answer Summary Posted April 4 March 26, 2024 by 1:00 PM PST

RFQ Responses (SOQ Packages) Due Date

April 12 2, 2024 by 1:00 PM PST

Technical Evaluations Complete April 19 9, 2024

Interviews April 2210, 2024 Through April 2412, 2024

Fee Negotiations April 2515, 2024 Through April 2918, 2024

Proposed Start Date of Agreement Upon Approval

C. Agreement Term

The term of the resulting Agreement is anticipated to be effective from Upon Approval through March 31, 2026. The Agreement term may change if the Water Board makes an award earlier than expected or if the Water Board cannot execute the Agreement in a timely manner due to unforeseen delays. The Water Board reserves the right to extend the term of the resulting Agreement as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance and funding availability.

The resulting Contract will be of no force or effect until it is signed by both parties.

The Contractor is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, said services may be considered to have been volunteered if all approvals cannot be obtained.

D. Respondent’s Questions

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

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

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

1. What to include in an inquiry

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

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

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

d. Remedy sought, if any.

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

2. How to submit questions

Submit questions or inquiries using one of the following methods.

Email: ContractBidsGeneral@waterboards.ca.gov

Questions RFQ 23-031-300, Rebid No. 1 Division of Administrative Services Attn: Ana Vega, Contract Analyst

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

3. Question deadline

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

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

E. Voluntary Pre-Bid Conference

The Water Boards will conduct a voluntary pre- bid conference virtually via Zoom on the date and time listed in the Time Schedule in Section B. The Zoom link will be emailed upon request to Prospective Proposers who express interest in attending the conference. Requests for the Zoom link must be received by the request due date as identified in the Time Schedule table located in Section B, “Time Schedule.”

Respondents that intend to submit a SOQ package are encouraged to attend this Voluntary Pre-Bid Conference. It shall be each firm’s responsibility to attend the Pre-Bid Conference promptly. The Water Board reserves the right not to repeat information for participants that join the conference after it has begun. The voluntary Pre-Bid Conference is a public and anyone may attend.

The purpose of the conference is to:

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

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

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

Carefully review this RFQ before the conference date to become familiar with the qualification requirements, scope of work and solicitation content requirements.

Respondents are encouraged to have their copy of this RFQ available for viewing during the conference.

Shortly after the conference, the Water Board will summarize all questions and issues raised and post this summary on the California State Contracts Register (CSCR) at the following internet address:

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

Respondents are responsible for their costs to attend/participate in the conference.

Those costs cannot be charged the Water Board or included in any cost element of the Respondent’s price offering.

F. Disabled Veteran Business Enterprise Requirement

3% DVBE participation for this solicitation is mandatory. Bidders must meet Disabled Veteran Business Enterprise (DVBE) requirement and submit Bidder Declaration forms (STD 843 and GSPD-05-105).

Military and Veteran Code (MVC) 999.5(d), 999.7 and Government Code (GC) 14841, and California Code of Regulations (CCR) 1896.78(e) requires all Prime Contractors that committed to having a Disabled Veteran Business Enterprise (DVBE) perform an element of work for a contract to report DVBE subcontractor participation information and certify to the state that all DVBE subcontracting payments were made.

A completed final STD 817 must be submitted before the State Water Resources Control Board can release the final $10,000 from your final payment OR the final payment. Note: Form STD 817 is attached to the Contract as Exhibit D, Attachment I. Direct all requests for DVBE assistance to the Water Board’s DVBE advocate at DAS-SBDVBEAdvocate@Waterboards.ca.gov.

G. Scope of Work

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

H. Minimum Qualification Requirements

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

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

1. Industry Experience: The respondent shall demonstrate at least five (5) years of full-time, recent experience for each of the following minimum qualification requirements listed below. It is acceptable for the respondent to have attained the experience concurrently.

a. Experience preparing environmental documents under California Environmental Quality Act (CEQA) guidelines and regulations, conducting environmental assessments of potential impacts to water resources, instream flows, fisheries, cultural resources, recreation, agriculture, and biological resources, as well as conducting environmental studies in California streams and rivers.

b. Experience preparing economic analyses of projects, policies, or regulations on water supply reliability, ecosystem restoration, drought planning, and other environmental and cultural projects. Specific experience in the preparation of Standard Regulatory Impact Assessments (SRIAs) and economic impact analyses for major regulations, in accordance with requirements outlined by the Office of Administrative Law and Department of Finance, is preferred.

c. Experience in the preparation of statements of scientific findings, conclusions, and assumptions upon which regulations are based, and the submission of such materials to external scientific peer review entities as outlined in Section 57004 of the California Health and Safety Code and as required by the State Water Resources Control Board External Scientific Peer Review Program.

d. Experience in drought management related projects, including but not limited to working with curtailments, water measurement, stormwater capture, and water storage projects.

e. Experience with relevant federal and state laws and regulations, water rights, CEQA, fisheries biology, Geographic Information Systems (GIS), hydrology, hydrologic modeling, water quality, ecology, hydropower projects, geomorphology, resource/wildlife management, land use and planning, crop mitigation practices, conservation biology, soils, geology, climate, air quality, agricultural resources, resource/wildlife management, resource and agricultural economics, agronomy, crop irrigation practices, recreational resources, economic impact, curtailment issues, scientific peer review, aquatic and terrestrial resources, and wetlands.

f. Knowledge of roles and responsibility of other environmental resources agencies (federal, state, and local) as they relate to the environmental impacts considered under CEQA.

g. Experience and/or knowledge of California and federal regulatory/policy adoption processes. Experience with the public participation process, including supporting agencies at public meetings, preparing support materials (newsletters, public notices, websites, etc.), consulting with tribes, and providing other related support to a CEQA lead agency.

h. Experience facilitating contentious environmental policy development processes

i. Experience providing technical assistance to clients on the topics of water diversion measurements and reporting, with an understanding of water measurement devices, water measurement regulations, and common reporting interfaces.

2. Corporations must be in good standing and qualified to conduct business in

California. Respondents shall provide a certificate of good standing from the California Secretary of State.

3. Nonprofit organizations must be eligible to claim nonprofit status.

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

I. Statement of Qualifications Format and Content Requirements

1. General instructions

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

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

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

d. Submit SOQ package to the following email:

ElectronicBidSubmissions@waterboards.ca.gov in a timely manner by the request due date identified in the Time Schedule table located in Section B of this RFQ.

2. SOQ Package Requirements

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

b. Sign applicable RFQ attachments/forms. Have a person who is legally authorized to sign on behalf of the bidding entity. Digital and/or electronic signatures are acceptable. The Water Board may request documentation to show that the person signing is legally authorized to sign on behalf of the bidding firm.

c. When completing the attachments, follow the instructions on each attachment. Do not include supplemental information in your proposal package or other materials that the Water Boards have not requested in this solicitation.

d. SOQ package must be complete with all required attachments and documentation.

e. When possible, use plain, white background with minimal graphics. This is to keep the Portal Document Format (PDF) file size as minimal as possible due to limitations on email file sizes.

f. Ensure SOQ package complies with the Americans with Disabilities Act (ADA) to the extent practicable.

g. SOQ package must be submitted as a PDF.

h. Reduce PDF to smallest size before submitting.

i. After completing and signing the applicable attachments, assemble all items in the order shown on the Bid Submittal Checklist on page 1.

j. Respondents are cautioned not to rely on the Water Board during the evaluation to discover and report to the Bidder any defects and errors in the submitted documents. Before making submittals, Respondents should carefully proof all documents for errors and adherence to the RFQ requirements.

J. Electronic Submission of Statement of Qualifications

The SOQ must be received by the proposal due date and time listed in the Time Schedule table in Section B, “Time Schedule” of this RFQ. SOQs received after this date and time will not be considered.

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

Email: ElectronicBidSubmission@waterboards.ca.gov

RFQ 23-031-300, Rebid No. 1 Division of Administrative Services

a. Only proposals received in this mailbox will be considered. Proposals shall not be sent to any other mailbox.

b. Zip files are acceptable and encouraged.

c. Email proposal submissions should clearly identify the following in the Subject Line: RFQ No. 23-031-300, Rebid No. 1 [Insert Firm Name]

d. If multiple emails are required, they should be identified in the subject line as follows: 1 of 2 , 2 of 2 etc. i.e., RFQ No. 23-031-300, Rebid No. 1 [Insert Firm Name] 1 of 2

e. Emails will not be opened by the Procurement Official until the required

SOQ package due date and time.

f. Once submitted, an autoreply from:

ElectronicBidSubmission@waterboards.ca.gov will be received. If you do not receive the autoreply, then your email was too large and not received by the Water Board. This autoreply shall serve as the only proof of receipt of the SOQ package submission.

NOTE: Emails should not exceed fifty (150) megabytes (MB). The Water Board’s mail server may automatically reject excessively large emails. Participating firms may submit multiple emails if file size exceeds the recommended fifty (50) MB.

Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.) in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved. Zip files are acceptable and encouraged.

Hard copy SOQ package submissions will not be accepted for this solicitation.

However, if you require any reasonable accommodations, please direct requests to our general inbox: ContractBidsGeneral@waterboards.ca.gov.

1. Firm’s costs

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

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

K. Statement of Qualification Requirements and Information

1. Nonresponsive SOQs

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

a. Failure of a firm to:

1) Meet DVBE participation goals (mandatory disqualification).

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

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

b. If a firm submits:

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

The State does not accept alternate contract language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

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

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

d. If a prospective firm/entity has Delinquent Tax Obligations Public Contract Code (PCC) section 10295.4).

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

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

2. Withdrawal and/or resubmission of SOQs

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

a. Withdrawal deadline

A firm may withdraw a SOQ package any time prior to the SOQ package due date.

b. Submitting a withdrawal request

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

2) Label and submit the withdrawal request using the following method:

Withdrawal RFQ 23-031-300, Rebid No. 1

Attention: Ana Vega, Contract Analyst

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

c. Proposal mistakes

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

d. Resubmitting a SOQ package

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

3. Evaluation and Selection

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

a. SOQ opening and review

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

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

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

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

b. Statement of Qualifications

The SOQ packages that meet the qualification requirements will be evaluated and scored according to the criteria indicated below.

The written SOQ must contain the following information:

2.1.1. Experience Performing Services of a Similar Nature

Describe the experience and background of the respondent and subcontractors (if being proposed for this project) with the following:

a. Preparation of CEQA documents, including the preparation of

Environmental Impact Reports (EIRs) and/or substitute environmental documents (SEDs), and responding to public comments on draft EIRs/SEDs.

b. Scientific and technical disciplines associated with Biological Resources, Geology/Soils, Hydrology/Water Quality, Agricultural Resources, Cultural Resources, Greenhouse Gas Emissions, and Tribal Cultural Resources.

c. Conducting environmental studies in California streams and rivers and preparing environmental documents that analyze potential impacts to instream resources and water supply.

d. Preparation of economic analysis of projects, policies, or regulations on water supply reliability, ecosystem restoration, drought planning, and other environmental and cultural projects.

(Specific experience with the preparation of Standard Regulatory Impact Assessments (SRIAs) and economic impact analyses for major regulations, in accordance with requirements outlined by the Administrative Procedures Act, Office of Administrative Law, and Department of Finance, is preferred.)

e. Preparation of statements of scientific findings, conclusions, and assumptions upon which regulations are based, and the submittal of such materials to external scientific peer review entities as outlined in Section 57004 of the California Health and Safety Code and as required by the State Water Resources Control Board External Scientific Peer Review Program.

f. Supporting the public participation process, including supporting agencies at public meetings, preparing support materials (newsletters, public notices, websites, fact sheets, reference guides, etc.), consulting with tribes, facilitating contentious environmental policy development processes, and other related support to a CEQA lead agency.

g. Providing technical assistance to clients on the topics of water diversion measurements and reporting, with an understanding of water measurement devices, water measurement regulations, and common reporting interfaces.

2.1.2. Capabilities, Experience, and Education of Personnel

Assigned to the Project

a. Identify the principals and other individuals who will be participating in the project, their roles, office locations, and their availability for the project. Describe their individual professional experience and education, including the dates of their most recent technical degrees and professional registrations. Identify staff of subcontractors similarly, but separately.

b. Respondent must provide copies of relevant professional license(s) for all personnel working on the project. Examples of relevant professional licenses include California Professional Engineer (PE), California Engineering Geologist (EG), California Hydrogeologist (CHG), or Professional Hydrologist (PH).

c. For key personnel participating in this project, describe each staff person’s training, skill, and experience with relevant federal and state laws and regulations such as: California Water Code, California Health and Safety Code, California Code of Regulations, Fish and Game Code, Public Resources Code, Administrative Procedures Act, Porter-Cologne Water Quality Control Act, CEQA, and related regulatory documents pertaining to water rights, fisheries protection, and other environmental considerations.

d. Respondent should include documentation of training, skill, and experience in technical and scientific disciplines such as:

fisheries biology, wetlands biology, ecology, aquatic and terrestrial resources, resource/wildlife management, conservation biology, hydrology, hydrologic modeling, water quality, air quality, geomorphology, soils, geology, climate, agricultural resources, resource and agricultural economics, agronomy, crop irrigation practices, recreational resources, land use and planning, and GIS.

e. Respondent should include documentation of training, skill, and experience in the preparation of successful Standardized Regulatory Impact Assessments and Economic Impact Analyses for major regulations, as required under the Administrative Procedures Act.

f. Respondent should include documentation of training, skill, and experience in the preparation of statements of scientific findings, conclusions, and assumptions upon which regulations are based, and the submission of such materials to external scientific peer review entities as outlined in Section 57004 of the California Health and Safety Code and as required by the State Water Resources Control Board External Scientific Peer Review Program.

g. Describe experience providing direct support to CEQA lead agencies in conducting public meetings, preparing supporting materials (newsletters, public notices, website, etc.), consulting with tribes, and facilitating contentious environmental project development.

2.1.3. Quality and Relevance of Recently Completed or Ongoing

Work

a. Provide two (2) examples of work products that illustrate the nature and scope of projects completed by the respondent within the past five (5) years that cover fisheries habitat studies, instream flow evaluations, hydrologic modeling, water supply, and related analyses.

b. Provide two (2) examples of work products that illustrate the nature and scope of projects completed by the respondent within the past five (5) years that demonstrate the respondent’s expertise in preparing CEQA documents.

c. Provide two (2) examples of work products that illustrate the nature and scope of the projects completed by the respondent within the past five (5) years that demonstrate the respondent’s experience and expertise in preparing successful Standardized Regulatory Impact Assessments and Economic Impact

Analyses for major regulations, as required under the Administrative Procedures Act.

d. Provide one (1) example of work products that illustrates the within the past five (5) years that demonstrate the respondent’s experience and expertise in preparing statements of scientific findings, conclusions, and assumptions upon which regulations are based, and the submission of such materials to external scientific peer review entities as outlined in Section 57004 of the California Health and Safety Code and as required by the State Water Resources Control Board External Scientific Peer Review Program.

e. Provide two (2) examples of work products that illustrate the within the past five (5) years that demonstrate the respondent’s experience and expertise with the public participation process, including supporting agencies at public meetings, preparing support materials (newsletters, public notices, websites, etc.), consulting with tribes, facilitating contentious environmental policy development processes, and providing other related

f. Provide two (2) examples of work products that illustrate the within the past five (5) years that demonstrate the respondent’s experience and expertise providing technical assistance to clients on the topics of water diversion measurements and reporting.

g. Provide the names of three (3) clients to be used as references for your firm’s work, including contact name, address, telephone number, nature of the job, and length and dollar amount of the contract. References will be used to confirm the firm’s expertise and capabilities as well as their ability to adequately plan workloads and meet schedules.

2.1.4. Knowledge and Experience of California Water Management

Demonstrate that key personnel (employees or subcontractors) assigned to work on this project have knowledge of and experience with the following:

a. California water supply and water management planning, California water rights, California water policy, water quality objectives, basin planning, and other related water planning and policy topics.

b. The roles and responsibilities of other environmental and resource agencies (federal, state, and local) as they relate to environmental

c. The rulemaking process as governed by the Administrative Procedures

Act.

d. The scientific peer review process as governed by Section 57004 of the California Health and Safety Code.

e. Water measurement devices, water measurement regulations, and common reporting interfaces.

2.1.5. Reliability and Availability

a. Document the reliability and continuity of the respondent’s employees and subcontractors.

b. Document the respondent’s ability to plan workloads and meet deadlines.

c. List the respondent’s ability to meet virtually and their office location(s) for project coordination and services.

c. Evaluation and Selection Procedures

Water Board evaluation panel members SOQ submittals will be reviewed by a panel that will include, but may not be restricted to, State Water Board staff.

Panel members will review each SOQ submittal and assign points for each criterion.

The SOQ packages that meet the Minimum Qualification Requirements will be evaluated and scored from 0 to 10 in each of the categories listed the Evaluation Criteria table below, and further defined in the Evaluation and Scoring Table in (Section N).

Category

Evaluation Criteria

Maximum Points

2.1.1 Experience of the Firm in Performing Services of a Similar Nature

2.1.2 Capabilities, Experience, and Education of Personnel Assigned to the Project

2.1.3 Quality and relevance of Recently Completed or Ongoing Work

2.1.4 Knowledge and Experience of California Water Management

2.1.5 Reliability and Availability 90

Maximum Available Points 1070

The scores for each category will be multiplied by their respective weight to get a weighted score. The weighted scores will be totaled. At least three (3) respondents with the highest totaled scores will be invited for an interview and will be expected to provide an oral presentation regarding their respondent’s services and qualifications.

Upon completion of all interviews and presentations, the respondents will be ranked. The highest ranked respondent will be asked to submit a cost proposal. The Water Board staff will attempt to negotiate a fair and reasonable cost for services. In the event that a satisfactory agreement cannot be negotiated, Water Board staff will terminate negotiations with the respondent and begin negotiations with the next highest ranked respondent, and so on.

After successful negotiations, a contract will be awarded and executed. The Water Board reserves the right to terminate the selection proceedings at any time. The Water Board will email a written “Notice of Award” to all firms that submitted a SOQ package.

4. Disposition of SOQs

a. All materials submitted in response to this RFQ will become the property of the Water Board and, as such, are subject to the Public Records Act (GC section 7920.00, et seq.). The Water Board will disregard any language purporting to render all or portions of any SOQ package confidential.

b. Upon making an Award, all documents submitted in response to this RFQ and all documents used in the selection process (e.g., review check lists, letters of award, etc.) will be regarded as public records under the California Public

Records Act (GC section 7920.00 et seq.) and shall be subject to review by the public.

5. Inspecting or obtaining copies of SOQ packages

a. Who can inspect or copy solicitation materials

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

b. What can be inspected / copied and when

Once SOQ packages are opened, all solicitations, SOQ packages, respondents list, conference sign-in/attendance sheet, check lists and/or evaluation sheets become public records.

c. Inspecting or obtaining copies of solicitation materials

Persons wishing to view or inspect any solicitation related materials must identify the items they wish to be inspected and must make an inspection appointment by contacting Ana Vega at:

ContractBidsGeneral@waterboards.ca.gov

Persons wishing to obtain copies of solicitation materials may email a written request to the Water Board office identified below. Submit request to:

Request for Copies - RFQ 23-031-300, Rebid No. 1

6. Verification of firm information

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

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

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

7. Water Board rights

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

a. RFQ corrections

1) The Water Board reserves the right to do any of the following up to the

SOQ package submission deadline:

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

Schedule.

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

c) Waive any RFQ requirement or instruction for all respondents if the

Water Board deems the requirement or instruction unnecessary, erroneous or unreasonable. If deemed necessary by the Water Board, the Water Board may also waive any RFQ requirement or instruction after the SOQ submission deadline.

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

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

3) If applicable, the Water Board will post on the California’s Online

Marketplace at https://www.caleprocure.ca.gov/pages/index.aspx clarification notices or addenda. Be sure to check this website often.

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

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

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

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

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

b. Immaterial SOQ defects

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

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

c. Correction of clerical or mathematical errors

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

d. Right to remedy errors

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

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

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

e. No contract award or RFQ cancellation

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

L. Contract Terms and Conditions

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

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

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

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

All performance under the Agreement shall be completed on or before the termination date of the Agreement. No oral understanding or agreement shall be binding on either party.

1. Resolution of differences between RFQ and contract language

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

2. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The Contractor represents that the Contractor is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Contractor is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-

Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). The Contractor is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Contractors with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.

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

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

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

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

M. California Civil Rights Laws Certification

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

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

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

N. EVALUATION AND SCORING

1) STATEMENT OF QUALIFICATIONS (SOQ) EVALUATION AND SCORING

SOQ submittals that meet the Minimum Qualification Requirements will be evaluated and scored according to the scoring methodology criteria identified below.

SOQ SCORING METHODOLOGY

Score Range Interpretation Basis for Score Assignment

0-2.5 Inadequate Qualifications and responses fail to address the requirement(s) being scored or do not describe any experience related to the requirement(s).

The omission(s), flaw(s), or defect(s) are significant and unacceptable.

2.6-5.0 Adequate Qualifications and responses are adequate to meet the department’s needs, requirements or expectations. Any omission(s), flaw(s), or defect(s), are slight and acceptable.

5.1-7.5 Good Qualifications and responses fully address the requirement(s) being scored. Good degree of confidence in the contractor’s response.

Weaknesses are inconsequential.

7.6-10.0 Exceptional All requirements are addressed with the highest degree of confidence in the respondent. The respondent exceeds the requirements for experience and expertise.

The SOQ Evaluation and Scoring Table below specifies the points available for each SOQ criterion. Using the SOQ Scoring Methodology above, the Water Board evaluation panel will determine the score to be awarded to each criterion and multiply the earned score (a) by the weighted value (b) to determine the weighted score (c).

SOQ EVALUATION AND SCORING TABLE

Category

Evaluation Criteria

Maximum

Points

(a) Earned Score (0-10)

(b) Weight Value

(a) x (b)= (c) Weighted

Score

2.1.1

Firm Experience in Performing Services of a Similar Nature a.

Preparation of CEQA documents, including the preparation of Environmental Impact Reports (EIRs) and/or substitute environmental documents (SEDs), and…