Idaho Department of Lands

REQUEST FOR QUALIFICATIONS (RFQU)

MINE RECLAMATION PLAN

TECHNICAL REVIEW SERVICES

RFQU # 1264

TABLE OF CONTENTS

RFQU ADMINISTRATIVE INFORMATION

RFQU Title:

Mine Reclamation Plan Technical Review Services

RFQU Project Description:

IDL seeks qualified consulting firms to provide technical review and advisory services related to reclamation plans, cyanidation facility permanent closure plans, and associated reclamation cost estimates. These services will support IDL’s regulatory review responsibilities

RFQU Lead:

Quinn Shea, Senior Buyer Idaho Department of Lands 300 N. 6th St, Boise, ID 83702 quinn.shea@idl.idaho.gov 208-334-0238

IPRO IOGIN

Deadline to Receive Questions:

Wednesday October 21, 2026, by 11:59:59 p.m. Mountain Time

RFQU Closing Date:

See IPRO Header Document

Public Opening Date:

10:00 a.m. MT, the following business day after closing.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/233266609000547?p=i0r3lFtyZ2970wW58m Meeting ID: 233 266 609 000 547 Passcode: xy7px9ij

Anticipated Evaluation Dates:

November 10, 2026, to November 25, 2026

Anticipated Intent to Award:

November 30, 2026

Initial Term of Contract and Renewals:

Initial Term one (1) year. Upon mutual, written agreement, the Contract may be renewed, extended or amended. The anticipated total Contract term is five (5) years.

RFQU 1264 - Mine Reclamation Plan Technical Review Services

1. OVERVIEW

1.1. Introduction and Purpose

The Idaho Department of Lands (IDL), in accordance with Idaho Code § 67-2320, is seeking qualified Contractors to submit a Statement of Qualifications (SOQ) demonstrating the ability to provide Mine Reclamation Plan Technical Review Services to the IDL. Contractors are expected to have the expertise necessary to perform the duties described herein. The purpose of this Request for Qualifications (RFQU) is to develop a list of qualified Contractors on whom IDL may call upon to work with agency personnel to oversee the completion of these projects. IDL hereby requests SOQs from Contractors who are interested in providing Mine Reclamation Plan Technical Review Services for the Idaho State Department of Lands.

This procedure provides for an orderly process of:

1. Solicitation of professional qualifications.

2. Evaluation and ranking of qualifications.

3. Establishment of a ranked list of service providers.

4. Negotiation of scope of services and fees.

1.2. Background

The Idaho Mined Land Reclamation Act (Title 47, Chapter 15, Idaho Code) and the corresponding administrative rules found in IDAPA 20.03.02 require lands disturbed by mining exploration and operations to be reclaimed to a productive condition. Under the direction of the Idaho State Board of Land Commissioners, the Idaho Department of Lands (IDL) administers this Act through permitting, compliance, and enforcement processes. These processes require mine operators to submit reclamation plans, reclamation cost estimates, and financial assurance sufficient to ensure reclamation is completed. For mining operations utilizing cyanidation, operators must also submit a cyanidation facility permanent closure plan and associated cost estimate.

IDL seeks qualified consulting firms to provide technical review and advisory services related to reclamation plans, cyanidation facility permanent closure plans, and associated reclamation cost estimates. These services will support IDL’s regulatory review responsibilities; all regulatory decisions remain solely with IDL.

This RFQU is intended to identify firms with the expertise, experience, and capacity to perform these services.

Work assignments will be issued on an as-needed basis. The resulting contract(s) shall be IDIQ (Indefinite Delivery, Indefinite Quantity) contract(s) and services shall be requested on an as needed basis, no minimum or maximum amounts are guaranteed or implied.

The number, size, and complexity of projects may vary. Consultants must demonstrate the ability to support IDL’s regulatory review timelines, recognizing that schedules may be affected by the completeness and quality of applicant submittals.

1.3. Definitions

COR – IDL Contracting Officer Representative EIS – Environmental Impact Statements EA – Environmental Assessments IDAPA- Idaho Administrative Procedure Act IDIQ – Indefinite Delivery, Indefinite Quantity IDL - Idaho Department of Lands IPRO – IPRO powered by Luma, the State of Idaho eProcurement system.

POO- Plan of Operations RFQU – Request for Qualifications ROD – Record of Decision SOQ -Statement of Qualifications SRCE – Standard Reclamation Cost Estimator

1.4. Resulting Contract

If the State awards a contract from this Request for Statements of Qualification, it will do so by issuing a Contract document from the State’s eProcurement system, IPRO POWERED BY LUMA, which will be an acceptance of the successful offer. The Contract will be comprised of that contract document; this RFQU, including any incorporated documents; the successful Statement of Qualification (SOQ), including any clarifications requested by the state of Idaho (State); and an artifact formalizing any requirements agreed upon through contract discussions or negotiations, if applicable.

1.5. Standard Contractor Information

1.5.1. Burden of Proof

ANY VARIATIONS of brand names or deviations from the specifications MUST BE CLEARLY STATED. It shall be the responsibility and burden of the submitting Offeror to furnish the State WITH ITS ORIGINAL SUBMISSION sufficient data to determine if the goods or services offered conform to the specifications.

1.5.2. Oral Information

The State will not be responsible for any verbal or oral information regarding this RFQU.

1.5.3. Disqualification Information

The state reserves the right to make reasonable inquiry to determine the responsibility of a contractor. Such requests may include but not be limited to financial statements, credit ratings, statements of experience and past performance, references, etc. Successful contractors must show to the satisfaction of the Idaho Department of Lands that they have sufficient equipment and work crews to complete the work contracted by the time specified. The unreasonable failure of a contractor to promptly supply information in connection with such a request is reason for disqualification. Except as otherwise provided by law, information furnished by the contractor pursuant to this provision may not be disclosed outside the Idaho Department of Lands without prior written consent from the contractor. Disqualification of a high-ranking contractor may be pursued when their reputation, experience, or references are such that they create a doubt about satisfactory job completion. The IDL Solicitation Lead will contact the contractor and request that they disqualify themselves by withdrawing in writing. If the contractor refuses to withdraw, the IDL Solicitation Lead may notify the contractor in writing or email that the Department will not offer the contractor a contract and proceed with an award to the next responsible contractor.

1.5.4. Partnerships

Contractors responding as partners must furnish the Idaho Department of Lands the name of the partnership, names of the partners, and the partnership's federal taxpayer ID number. All payments will be made to the partnership.

1.5.5. Internal Revenue Service’s Reporting Requirement

IRS rules and regulations require employers to submit a miscellaneous income form (IRS form 1099) for all contractual persons who receive $600 or more in a calendar year. Incorporated firms are exempt from this reporting requirement. The contractor's taxpayer identification number (Social Security or employer number) must be listed on the signature page of the contract.

1.5.6. Workers Compensation Insurance

All persons working for the State under any contract of hire, expressed or implied, must be covered by workers compensation insurance. (Reference Title 72, Idaho Code). Contact the Idaho Industrial Commission with any Workers Compensation questions.

Any contractor who hires employees to accomplish the contracted work must provide a certificate of workers compensation insurance.

1.5.7. Rejection of Statement of Qualifications and Cancelation of Solicitation Prior to the issuance of a contract, the State shall have the right to accept or reject all or any part of a SOQ when: (i) it is in the best interests of the State of Idaho; (ii) the SOQ does not meet the minimum specifications; (iii) the SOQ is not the highest qualifying SOQ after evaluation; (iv) a finding is made based upon available evidence that a respondent is not responsible or is otherwise incapable of meeting specifications or providing an assurance of ability to fulfill contract requirements; or (v) the SOQ deviates to a major degree from the specifications, as determined by the State (minor deviations, as determined by the State, may be accepted as substantially meeting the requirements). Deviations will be considered major when such deviations appear to frustrate the competitive solicitation process or provide a respondent with an unfair advantage. Prior to the issuance of a contract, the State shall have the right to reject all SOQs or to cancel the solicitation. Cancellation may be for reasons that include but are not limited to: (i) inadequate or ambiguous specifications; (ii) specifications have been revised; (iii) property is no longer required; (iv) there is a change in requirements; (v) all SOQs are deemed unreasonable or sufficient funds are not available; (vi) SOQs were not independently arrived at or were submitted in bad faith; (vii) it is determined that all requirements of the solicitation process were not met; (viii) insufficient competition; or (ix) it is in the best interests of the state of Idaho.

2. Questions

2.1. Restrictions on Communications

From the issue date of this RFQU, until a contract is awarded, or the RFQU is cancelled, vendors are prohibited from communications regarding this RFQU with the IDL staff, evaluation committee members, or other associated individuals, except the IDL RFQU Lead and the Procurement Program.

2.2. Questions

2.2.1. This solicitation is issued via the State’s e-Procurement system, IPRO POWERED BY LUMA (IPRO). The RFQU Lead is the only contact for this Solicitation. All correspondence must be in writing. In the event that it becomes necessary to revise any part of this RFQU, addenda/amendments will be posted at IPRO.

It is the responsibility of parties interested in this RFQU to monitor IPRO for any updates or addenda (See Section1.5). Any oral interpretations or clarifications of this RFQU must not be relied upon. All changes to this RFQU will be in writing and must be posted to IPRO to be valid.

2.2.2. Questions or other correspondence must be submitted in writing to the RFQU Lead (see contact information in the RFQU Administrative Information, page 1). QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M. MOUNTAIN TIME ON THE DATE LISTED IN THE RFQU ADMINISTRATIVE INFORMATION.

2.2.3. Written questions must be submitted using Attachment 2 - Offeror Questions. Official answers to all written questions will be posted on IPRO POWERED BY LUMA as an amendment to this RFQU, DO NOT SUBMIT QUESTIONS VIA IPRO.

2.3. Vendor Proposed Modifications and Exceptions to Requirements, Terms, and Conditions

2.3.1. Vendors must submit any proposed modifications to the requirements, terms, or conditions of the RFQU on Attachment 3 – Modifications and Exceptions prior to the deadline to submit questions. Questions regarding these requirements must contain the following:

· The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

· Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

· Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

2.3.2. In the event that a SOQ contains modifications or exceptions to any Solicitation requirements, terms, or conditions which are not addressed during the question-and-answer period, they must be identified and submitted on Attachment 3 - Modification and Exception Form and must contain the same information outlined in Section 2.3.1, above. The State will not consider any modifications or exceptions that are not identified specifically in Attachment 3.

2.3.3. The State has sole discretion to determine if the modifications or exceptions submitted by an Offeror would result in a material change or otherwise threaten the integrity of the procurement process. See Attachment 3 - Modification and Exceptions. The Idaho Department of Lands may only negotiate non-material modifications or exceptions. Modifications or exceptions which the State determines to be material, or which otherwise threaten the integrity of the procurement process, will not be accepted or negotiated. In the event that the Offeror has conditioned its SOQ on the State’s acceptance or negotiation of its proposed modifications or exceptions, and the modifications or exceptions are deemed material, the Offeror will be given the opportunity to retract the proposed modifications or exceptions from its SOQ. Failure to do so will result in the Offeror’s SOQ being found non-responsive, after which it will receive no further consideration.

2.3.4. Non-material modifications or exceptions may be discussed with the apparent successful Offeror, at the discretion of the State; however, the State shall have the right to reject any and all such modifications and/or exceptions, or to call an end to such discussions, and to instruct the Offeror to amend its SOQ and remove the modifications and/or exceptions. Failure to do so may result in the State finding the SOQ non-responsive.

2.3.5. Except as otherwise provided within the Solicitation, the State will not consider modifications or exceptions to the requirements, terms, or conditions which are proposed after the RFQU Closing Date.

3. Submission of Statement of Qualifications

3.1. General Instructions

3.1.1. SOQs must be submitted electronically, as detailed below. Except as otherwise addressed in this solicitation, all submission materials must be submitted at the same time (in a single package or electronic submission). If multiple submissions are received, only the latest timely submission will be considered.

3.1.2. Alternate SOQs are not allowed.

3.1.3. All electronic files must be in Microsoft Word, Excel, or PDF format; the only exception is financials, brochures or other information only available in an alternate format.

3.1.4. It is mandatory to submit your SOQ electronically via IPRO POWERED BY LUMA, all Offerors participating in this Solicitation must establish an account in the IPRO system, as it is necessary in order to process and/or award the resulting Contract(s). Establishing an account is free and only takes a few minutes.

3.2. Trade Secrets

The State broadly describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (REQUIRED), Offerors must also:

3.2.1. Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

3.2.2. Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your SOQ; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure and how the exempting the material complies with the Public Records Law.

3.2.3. Submit a redacted copy of the SOQ with all trade secret information removed or blacked out. The redacted copy must be submitted electronically, with the word “redacted” in the file name, whether the SOQ is submitted manually or electronically.

3.3. Electronic Submission

3.3.1. Electronically submitted SOQs must be submitted through IPRO POWERED BY LUMA. When submitting through IPRO, enter your Cost in IPRO as “$0.01,” and UPLOAD YOUR STATEMENT OF QUALIFICATIONS, AND ALL OTHER REQUIRED SUBMITTAL ITEMS. Remember to submit an additional redacted version of the SOQ if you have identified trade secrets.

3.3.2. Vendors are strongly encouraged to begin the process of submitting the response far enough in advance of the End Time to allow for resolution of technical difficulties. Be advised that the state is not responsible for a Vendor’s failure to timely submit a responsive submission due to any technical or technological difficulties.

3.3.3. Submitting via IPRO POWERED BY LUMA, be advised that the Offeror for evaluation and award purposes is the entity profile under which the SOQ is submitted in IPRO, which must be the same legal entity presented in the uploaded response materials. If the entity identified on the state supplied Signature Page differs from the entity under which you submit your SOQ in IPRO, the information provided on the Signature Page prevails.

3.3.4. Offerors are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows evaluators to efficiently navigate the Offeror’s response; as the State will print uploaded documents for evaluation in the manner received via IPRO.

4. STATEMENT OF QUALIFICATION FORMAT

These instructions describe the format to be used when submitting a SOQ. The format is designed to ensure a complete submission of information necessary for an equitable analysis and evaluation of submitted SOQs. There is no intent to limit the content of SOQ.

4.1. Table of Contents

Include a table of contents in the SOQ identifying the contents of each section, including page numbers of major Sections.

4.2. Format

SOQs shall follow the numerical order of this RFQU beginning with Section 6 and continuing through the end of the applicable RFQU Attachments, including all mandatory submission items detailed in Section 6 and identified throughout the RFQU. SOQ sections and subsections must be identified with the corresponding numbers and headings used in this RFQU. In your response, restate the RFQU section and/or Section number, followed with your response.

Offerors are encouraged to use a different color font, bold text, italics, or other indicators to clearly distinguish the RFQU section from the Offeror’s response. Except for brochures, financials, work samples, or other similar submission items, all electronic SOQs must be submitted using Microsoft Word or Excel, and must not be locked. Offerors are strongly cautioned against including website links or imbedded documents in the SOQ; the State will not be responsible for the RFQU Lead or any evaluator’s failure to consider information outside of or imbedded in the SOQ.

4.3. Evaluation Codes

(M) Mandatory Response - failure to respond to any (M) section, or to comply with any mandatory specification or requirement, will render Offeror’s SOQ non-responsive and no further evaluation will occur.

(ME) Mandatory and Evaluated Response - failure to respond to any (ME) section, or to comply with any mandatory specification or requirement in an (ME) section, will render Offeror’s SOQ non-responsive and no further evaluation will occur. Offeror must respond to these sections as directed; points will be awarded based on predetermined criteria.

(E) Evaluated Response - a response is desired and will be evaluated. If Offeror cannot meet the requirement, or chooses not to respond for any reason, zero (0) points will be awarded for the section. If Offeror responds, points will be awarded based on predetermined criteria.

Note: The State also reserves the right to seek clarification on any (M), (ME), or (E) requirement.

5. SOQ Review, Evaluation, and Award

5.1. Overview

The objective of the State in soliciting and evaluating SOQs is to ensure the selection of a firm or individual that will produce the best possible results for the funds expended.

5.1.1. All SOQs will be reviewed first to ensure that they meet the Mandatory Submission Requirements of the RFQU as addressed in Sections noted with an (M) or (ME). Any SOQ(s) not meeting the Mandatory Submission Requirements will be found non-responsive.

5.1.2. Evaluation Criteria

Statement of Qualification:

Obstacles, Challenges, and Risks (Section 7.5) 200 Points TOTAL POINTS 1,000 points

5.2. Statement of Qualification Evaluation

5.2.1. The SOQ will be reviewed first on a “pass” or “fail” basis to determine compliance with those requirements listed in the RFQU with an (M) or (ME). All SOQs which are determined by the State, in its sole discretion, to be responsive in this regard will continue in the evaluation process outlined in this Section.

5.2.2. The SOQ will be evaluated and scored utilizing one (1) or more SOQ Evaluation Committee(s).

5.2.3. The scores for the SOQ will be normalized as follows: The SOQ with the highest raw technical score will receive all available Technical Points: 1000 points. Other SOQs will be assigned a portion of the maximum available Technical Points, using the formula:

1000 X raw score of SOQ being evaluated highest raw technical score.

5.3. Costs

Costs are not evaluated or included in this RFQU. Cost will be negotiated with the apparent successful offeror(s). Negotiated Costs will be included into the resulting contract(s) as a Pricing Schedule.

5.4. Responsibility

The RFQU Lead may, in IDL’s sole discretion, require the apparent high point Offeror to provide documentation to demonstrate its responsibility. The RFQU Lead may request documentation including, but not limited to: credit or financial reports, and references. Failure to provide requested documentation may result in the Offeror being deemed non-responsible. Nothing herein shall prevent the State from using other means to determine Offeror’s responsibility.

5.5. Award

Award of Contract will be made to the responsive, responsible Offeror(s) whose SOQ receives the highest number of total normalized points. IDL anticipates awarding a minimum of two (2) Contractors and reserves the right to award multiple contracts, in the best interest of the State based on services offered, and qualifications.

5.5.1. Award Procedures

The State will notify all respondents by email of its intent to award a contract and the party(s) to whom the contract will be awarded. After elapse of the five (5) day appeal period, if no appeals are received, the State will award a contract to the successful respondent(s).

Respondents to whom a contract has been awarded will have fourteen (14) calendar days from the date of the award notice to return to the State a signed copy of the contract along with the required bonding and certificates of insurance. If the State does not receive such documents within the specified time period, the State may declare, at its sole discretion, that all respondents’ rights to the contract are forfeited, and the State may proceed without further delay or notice to award the contract to the next low respondent.

5.6. Negotiation

The IDL reserves the right to:

5.6.1. Waive any informalities or irregularities and reject any or all SOQs received as a result of this RFQU.

5.6.2. Select all or part of the respondents’ submittal.

5.6.3. Negotiate changes in the scope of work or services to be provided.

5.6.4. Conduct investigations required to determine the submitting firm’s performance record and ability to perform the assignments specified as a part of this RFQU.

5.6.5. Negotiate separately with any source in a manner deemed to be in the best interests of the State.

5.6.6. Issue, at any time, an individual project RFQ that falls within the scope of work parameters of these services without prejudice to the Contractor selected under this RFQU.

6. Mandatory Submission Requirements

The SOQ begins with the mandatory items identified in this list and the following sections. NOTE: THIS CHECKLIST IS PROVIDED AS A COURTESY ONLY; OFFERORS ARE RESPONSIBLE FOR SUBMITTING ALL MANDATORY SECTIONS, ATTACHMENTS, SUBMITTAL ITEMS, ETC., REGARDLESS OF WHETHER THEY ARE IDENTIFIED IN THIS LIST.

☐ (M) Cover Form/Signature Page: All SOQs must be submitted with a completed and Signed Attachment 4, Cover Form. This form also serves as your company’s Signature Page and should be included as the first page or near the beginning of your SOQ. This form MUST be completed and signed by an individual with the legal ability to bind your company to its entire SOQ.

☐ (M) Acknowledgement of Amendments/Addenda: If the RFQU is amended, the Offeror must acknowledge each amendment in the manner identified with each amendment. Failure to return a signed copy of each amendment acknowledgement form with the SOQ may result in the SOQ being found non-responsive.

☐ Section 7: Provide response to all (M) and (ME) sections, and any other required submittal items.

☐ Redacted copy of SOQ and list of Trade Secret redactions, as detailed in Section 3.2.

☐ Review the required types and levels of insurance, these are mandatory requirements. If you do not already have the required types and levels of insurance, you are strongly encouraged to contact your insurance representative to find out if you will be able to obtain the required insurance. (The Offeror should not purchase additional insurance in reliance on being awarded a contract). If you are awarded a Contract, failure to provide proof of the required insurance will be grounds for termination of the Contract.

7. STATEMENT OF QUALIFICATIONS RESPONSE

Describe your qualifications to successfully complete the requirements of the RFQU by providing a detailed response to all sections marked (M) and (ME) in Sections 7.2 through 7.7 below:

7.1. Minimum Mandatory Qualifications

This RFQU emphasizes firm qualifications. Offeror must meet or exceed the following minimum experience:

7.1.1. A minimum five (5) years of experience, including three (3) years within the past five (5) consecutive years, in each of the following categories:

7.1.1.1. Experience with mine reclamation and closure planning

7.1.1.2. Experience reviewing reclamation cost estimates and financial assurance

7.1.1.3. Experience with SRCE or comparable cost-estimation methods

7.1.1.4. Experience providing technical expertise in mining, geotechnical, hydrologic, and environmental disciplines

7.1.1.5. Experience providing objective, independent technical analysis of submittals

7.1.2. In addition, assigned staff must include at least one (1) certified professional geologist and one (1) certified professional engineer.

7.2. (M) Business Profile Provide a profile of your business including Offeror’s business history, description of current service area, and customer base.

7.3. (ME) Qualifications and Experience The Offeror should summarize their experience and qualifications as it relates to the mine closure and reclamation and reviewing reclamation cost estimates and financial assurance being requested in this RFQU. At a minimum the offeror should provide responses to the following:

7.3.1. Qualifications - The Offeror should demonstrate the experience and qualifications of the key personnel that will be assigned to this Contract. The Offeror should highlight any unique attributes that make the team especially qualified for the scope of services. Provide a professional resume for the key people proposed to be assigned to the project (including any important sub-consultants) and describe relevant related experience and education. Include a list of relevant professional licenses and certifications.

Submittals must identify a proposed project manager who would be responsible for the day-to-day management of project tasks and would be the primary point of contact with your firm. An organization chart of the project team may be appropriate.

7.3.2. Experience - The offeror should demonstrate experience with the following:

7.3.2.1. Experience reviewing reclamation cost estimates and financial assurance. Briefly describe other projects executed by your firm that demonstrate relevant experience. Also list all public sector clients for whom you have performed similar work in the past five years.

7.3.2.2. Experience with SRCE or comparable cost estimation methods.

7.3.2.3. Technical expertise in mining, geotechnical, hydrologic, and environmental disciplines.

7.4. (ME) Approach The Offeror should provide a brief overview of the approach that will be taken to successfully deliver this project/service. This should include a brief roadmap, which describes the general approach (major activities or tasks), which will be utilized to successfully deliver the Project/Service and to meet IDL’s expectations (cost, time, quality, etc.). This should include a schedule of general project activities indicating the duration of each activity and of the total project. The schedule should reflect realistic activity durations.

7.5. (ME) Obstacles, Challenges, & Risks The Offeror should identify and address issues, concerns, challenges, obstacles, or risks that may impact the successful delivery of this project or service. This includes areas that may cause the project to not be completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the IDL. The Offeror should rely on and use their past experience and knowledge of completing similar projects to identify these potential risks, issues, or challenges.

Each item should be described in non-technical terms and should contain enough information to describe to a reader why the item is a valid risk/concern. The Offeror should also explain how it will avoid or minimize the risks from occurring. The Offeror should consider:

7.5.1. Controllable Items: This includes risks, activities, or tasks that are controllable by the Offeror, or by entities/individuals that are contracted to by the Offeror. This includes things that are part of the technical scope of what the Offeror is being hired to do. This may also include risks that have already been minimized before the project begins due to the Offeror’s expertise (i.e. risks that are no longer risks due to the Offeror’s expertise in delivering this type of project). All controllable risks and strategies to mitigate them MUST be included in the Offeror’s base SOQ cost and schedule (if there are any impacts at all).

7.5.2. Non-Controllable Items: This includes risks, activities, or tasks that are not controllable by the Offeror. This may include risks, issues, challenges, or obstacles attributed by IDL, IDL’s personnel, parties hired by IDL, risks that are caused by other agencies, or completely uncontrollable risks. These can also be areas/risks that can contribute to contingency. Although these risks may not be controlled by the Offeror, the Offeror should identify a strategy that can be followed or used to mitigate these risks. All non-controllable risks and strategies to mitigate them MUST NOT be included in the Offeror’s base SOQ cost or schedule.

Provide a brief description of each item (background of how the concern/issue may impact the project or service if it occurs), and a strategy to prevent/minimize the issue/concern from occurring, or strategy to minimize the impact of the risk if it does occur.

7.6. (M) Certifications Provide a comprehensive list of all certifications and licenses Contractor and Contractors team maintains that are relevant to the services requested in this RFQU. At a minimum list must include the minimum mandatory license in the Scope of Work and all licenses and certifications included in your response to Section 7.3.

7.7. (M) Subcontractors If you intend to utilize subcontractors, describe the extent to which they will be used to comply with Contract requirements. Include each position providing service and provide a detailed description of how the subcontractors are anticipated to be involved under the Contract. Include a description of how the Offeror will ensure that all subcontractors and their employees will meet all Scope of Work requirements. NOTE: The information provided for subcontractors, if any, will be evaluated as part of Section 7.3, Other Key Personnel and Qualifications.

If you do not intend to utilize subcontractor(s), provide a statement to that effect.

ATTACHMENT 1 – SCOPE OF WORK

RFQU # 1264 Mine Reclamation Plan Technical Review Services

All sections of the Scope of Work are required Contract services.

1. General Requirements Contractor shall provide technical support services related to the review of mining reclamation and cyanidation facility closure plans and cost estimates for technical completeness and reasonableness of proposed methods, schedules, and assumptions, relative to applicable regulatory requirements. Services may include, but are not limited to, the following general areas:

1.1. Technical review of mine reclamation and cyanidation facility permanent closure plans, cost estimates, and financial assurance documentation including assumptions, methodologies, and supporting documentation.

1.2. Review applicant-prepared Standard Reclamation Cost Estimator (SRCE) Version 2.0 or equivalent, and supporting inputs related to quantities, labor, equipment, productivity, schedules, and indirect costs.

1.3. Identify inconsistencies, omissions, and unsupported assumptions in plans and cost estimates.

1.4. Participate in technical meetings and coordinate with IDL staff, other government agencies, and other designated consultants.

1.5. Prepare technical memoranda summarizing review findings.

1.6. Review technical documents associated with National Environmental Policy Act including but not limited to Environmental Impact Statements (EIS), Environmental Assessments (EA), Record of Decision (ROD), and Plan of Operations (POO).

The scope of work for individual assignments will be defined by IDL and assigned as a task order (See Section 3) and may vary depending on project size, complexity, and regulatory phase.

2. Mine Closure and Reclamation Components Consultants shall review plans and cost estimates submitted by operators pursuant to the Mined Land Reclamation Act. These materials address the mine closure and reclamation components such as:

2.1. Process fluid management and stabilization

2.2. Cyanide detoxification and neutralization

2.3. Decommissioning and physical closure of cyanidation facilities

2.4. Demolition and management of hazardous materials

2.5. Reclamation of disturbed areas

2.6. Water management and treatment systems

2.7. Post-closure and reclamation monitoring and site maintenance

The scope of work for individual assignments will be defined by IDL and assigned as a task order (See Section 3) and may vary depending on project size, complexity, and regulatory phase.

3. Task Orders Services shall be ordered and initiated through a Task Order by the IDL Contracting Officer Representative (COR) and include a general project description, requirements, a Not-to-Exceed payment amount and items to be completed for that Project. Contractor must respond to Task Order request within ten (10) days after notification from IDL. The Contractor and IDL must agree to and sign the Task Order prior to starting work. Payment for work completed under a Task Order will be made at the rate(s) set forth in the Contract and will not exceed the agreed amount in the Task Order.

IDL shall assign Task Orders to Contractor(s) on an as needed basis and in the best interest of the State.

4. Indefinite Quantities The Contract(s) shall be IDIQ (Indefinite Delivery, Indefinite Quantity) contract(s) and services shall be requested on an as needed basis, no minimum or maximum amounts are guaranteed or implied.

5. License and Certification Contractors assigned staff must include at least one (1) Certified Professional Geologist and One (1) Certified Professional Engineer.

Contractor must maintain in effect all applicable licenses required by Federal and State Statues, as well as County and City Ordinance.

6. Reporting

6.1. Progress Report: The Contractor shall provide a progress report to the COR as stipulated in the task order. The progress report shall contain pertinent information on the project including task completed, task underway, task to be completed, budget status, and other information as determined by the COR.

6.2. Final Report: All projects require a Final Report. A draft report must be submitted to the IDL COR for review and approval. Contractor must review and address comments provided by the COR and submit the Final Report within the specified timeframe.

7. Agency Responsibilities IDL will be responsible for:

7.1. Ensuring Contractor has access to all documents to be reviewed.

7.2. Ensuring Contractor is invited to all meetings associated with the application.

7.3. Providing clarification of requirements established in Titel 47, Chapter 15, Idaho Code and IDAPA 20.03.02

ATTACHMENT 2 – OFFEROR QUESTIONS

RFQU # 1264 Mine Reclamation Plan Technical Review Services Instructions:

DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

1. Enter the RFQU section number that the question is for in the “RFQU Section” field (column 2). If the question is a general question not related to a specific RFQU section, enter “General” in column 2. If the question is in regard to an IDL Term and Condition or a Special Term and Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment 1”) in the “RFQU Section” (column 2), and the attachment page number in the “RFQU page” field (column 3).

1. Do not enter text in the “Response” field (column 5). This is for IDL’s use only.

1. Once completed, this form is to be e-mailed per the instructions in the RFQU. The e-mail subject line is to state the RFQU number followed by “Questions.” DO NOT SUBMIT QUESTIONS VIA IPRO RFQU # 1264 Mine Reclamation Plan Technical Review Services

Company Name: _ __________ Name of Individual Submitting Questions:

Phone: _____ E-mail:

ATTACHMENT 3 – MODIFICATION AND EXCEPTIONS

RFQU # 1264 Mine Reclamation Technical Review Services

1. Idaho Terms and Conditions Background and limitation.

Idaho Terms and Conditions – Background The Idaho Department of Lands is subject to statutes, rules and policies that result in terms and conditions unlike those common in contracts between private parties. The Idaho Department of Lands may not have authority to vary many of these terms and in some instances, variations are void under Idaho law.

Idaho is not unique. Many of the terms in the Idaho Department of Lands Terms and Conditions are similar to terms offered by most federal, state, and local government agencies. Vendors who seek to work with government agencies should become familiar with these terms. The discussion below is provided to assist you in becoming familiar with the legal and policy basis for the terms and to provide information for you to evaluate the risks and benefits of working with public entities.

Termination – Costs of Re-procurement The Idaho Department of Lands terms concerning termination specifically identifies the costs of re-procurement as a damage arising from a breach of the contract by a vendor. This damage is identified because of the public agency budgeting process and the competitive solicitation process required by Idaho’s purchasing laws. The Idaho purchasing laws provide a preference for open, competitive procurements. These procurements come at a cost to the Idaho Department of Lands, which is generally included in the agency budget requested from the Idaho Legislature more than twelve months prior to incurring the expense. Unlike a private business, public agencies cannot independently pass through the costs of re-procurement to Idaho taxpayers, who are the customers of government. Instead, Idaho agencies must submit a request for the costs to the Idaho Legislature in a subsequent budget year, which is usually after the need to secure a replacement vendor for the breaching contractor arises. As a matter of public policy, the contractor whose breach caused the damage of requiring re-procurement must pay those costs at the time of breach so that the public can receive the benefit of the contract made on its behalf through re-procurement of a new contract. This policy is reflected in the Idaho Department of Lands Terms and Conditions provision concerning termination and Idaho Department of Lands does not generally vary this requirement.

Termination – Fiscal Necessity Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. An appropriation can be reduced under Idaho law through “give backs” and “hold backs” issued by the executive branch. When the Idaho Department of Lands enters into a contract, it must contain the term allowing for termination for fiscal necessity to comply with these provisions. Variation of this term is not offered.

Anti-Discrimination/Equal Employment Opportunity IDL’s contractors are required to comply with federal civil rights and anti-discrimination laws. Variation of this term is not offered to prevent a breach of IDL’s obligations under its agreements with the United States.

Taxes The Idaho Department of Lands is exempt from the payment of taxes and provides that the contractor is responsible for all taxes assessed against the contractor as a result of doing business with the State of Idaho. State agencies are not granted an appropriation to pay taxes due to the exemptions that apply to government agencies. As discussed above under the heading Termination – Fiscal Necessity, terms in excess of appropriation are void under Idaho law. Variation of this term is not offered.

Indemnification Many vendors request the State of Idaho offer an indemnification of the vendor. An indemnification is a promise to pay funds that have not been appropriated in the current budget year or that may occur in a future budget year that has not yet been appropriated by the Idaho Legislature. Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. Variation of this term is not offered.

In assessing the risk of doing business with the State of Idaho, vendors should consider the following. The State of Idaho has waived its sovereign immunity for torts as described in the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. To the extent that the State or its employees have committed a tort, contractors have legal remedies available through that act. Tort liability is funded by the Idaho Legislature through an appropriation to the Retained Risk Program and appropriation issues do not arise in actions under the act. In addition, under existing Idaho court decisions, the State does not have sovereign immunity for contract claims arising from a properly entered contract. If the State is in breach of its contract obligations, contractors have legal remedies available under any contract. Lastly, States are generally prohibited from the benefits of the federal bankruptcy laws. Unlike private companies, an indemnification clause is not required to preserve a remedy through the company’s insurer should the company declare bankruptcy.

Public Records All Idaho agencies are subject to the Idaho Public Records Act, Idaho Code title 74, chapter 1. The Idaho Department of Lands cannot by contract vary the requirements of the Act or agree to violate the Act by withholding records properly subject to release under the Act. The Idaho Department of Lands Terms and Conditions provision concerning disclosure of public records has been drafted to allow contractors to designate records as exempt under the provision of the Act if the contractor agrees to defend that designation and to indemnify the State of Idaho for any costs and penalties imposed under the Act. Variation of this term is not offered.

Assignments The Idaho Department of Lands cannot legally allow assignment of an agreement without written approval by the Administrator and the Idaho Board of Examiners. A contract transferred in violation of this provision can be annulled. Idaho Code section 67-1027 provides that the Idaho Controller shall not pay an assignee of a contract if the assignment has not been approved by the Idaho Board of Examiners. The Idaho department of Lands provision concerning assignment cannot be varied in a way that allows assignment without approval of the Administrator and the Idaho Board of Examiners.

Governing Law, Jurisdiction and Venue, Arbitration, Waiver of Jury Trial As a sovereign state, the State of Idaho is not subject to the jurisdiction of the courts of its sister states. The Idaho legislature has not consented to the waiver of this limitation by state agencies. The 11th amendment to the United States Constitution provides limitations on the jurisdiction of federal courts over claims against the State of Idaho. Language approved by the Idaho Legislature in 2015, provides that terms subjecting the State of Idaho to the jurisdiction of the courts of other states are void.

Agencies of the State of Idaho are subject to Idaho law and cannot vary the legal provisions governing the agency by contract. Based on this limitation, the Idaho Department of Lands will not consent to the application of laws other than the laws of the State of Idaho to all of a contract. Although extremely rare, a specific exception can be made by IDL’s legal staff to subject a particular part or part(s) of an agreement to different jurisdictional authorities, but this would be done in writing before the agreement is executed.

Idaho Code section 29-110 provides that any term of a contract subjecting a party to arbitration conducted outside the State of Idaho is void. The Idaho Department of Lands is required to consult with its Attorneys prior to consenting to arbitration. This must be captured in writing prior to the execution of the contract.

IDL must consult with its attorneys prior to consenting to wavier of the right to a jury trial. This would be captured in writing prior to the execution of the contract.

Payment Terms Idaho Code section 67-2302 establishes the general legal requirements for payments by Idaho agencies. Among other things, this section prohibits full payment on partial deliveries and establishes a statutory rate of interest and penalties on late payments. Idaho agencies cannot vary these terms by contract.

Limitations of Liability As a public entity representing Idahoans, requests to limit the liability of a contractor are considered as matters of public policy. Limitations of liability are authorized only when it is appropriate for the taxpayers of Idaho to bear the risk of the contractor’s breach or where the limitation is in excess of any reasonable contractor liability under the contract. In general, the Idaho Department of Lands expects contractors to secure insurance to provide for the reasonable risks of operating the contractor’s business. As representatives of all Idahoans and a matter of public policy, the Idaho Department of Lands will not approve limitations of liability for death or personal injury or damage to real property.

2. Modification and Exceptions Form

Instructions: Complete this form and submit prior to the questions due date if you are proposing modifications or taking exception to any of the requirements, terms, or conditions included in the RFQU, including any documents incorporated by reference (such as the Draft Contract Terms and Conditions). See RFQU Section 2.4 for a full explanation of the process surrounding vendor-proposed modifications and exceptions.

Offerors must…