RFX3140004123 MDEQ-RFQ03312025.pdf

RFx3140004123 MDEQ-RFQ03312025 1

REQUEST FOR QUALIFICATIONS

(“RFQ”)

RFQ Number: RFx3140004123 MDEQ-RFQ03312025

To Provide: Professional Engineering Services for

Environmental Assessments and Remediations

Issue Date: Monday, March 31, 2025

CLOSING LOCATION

Mississippi Department of Environmental Quality

515 East Amite Street

Jackson, MS 39201

MDEQ RFQ COORDINATOR

Ms. Aveleka Moore, Contracts Division Director

E-mail: amoore@mdeq.ms.gov

CLOSING DATE AND TIME

SOQ must be received by 3:30 p.m., Tuesday, May 13, 2025 mailto:amoore@mdeq.ms.gov

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SECTION 1

1.1 Qualifications Acceptance Period

Offerors should submit one (1) signed original Statement of Qualifications (“SOQ”), along with one (1) signed digital copy in Portable Document Format (“PDF”) on a Universal Serial Bus (“USB”) flash drive with all of the attachments. Both must be signed by an authorized representative of the Offeror.

The signed original SOQ and USB flash drive should be submitted in a sealed envelope or package as stated below no later than the time and date specified in Section 1.1.1 of this RFQ for submission deadline of the SOQ package. The electronic files shall not be password protected and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. Timely submission of the SOQ is the responsibility of the Offeror. Any SOQ received after the specified time shall be rejected and maintained in the procurement file. The envelope or package shall be labeled with the RFx Number: RFx3140004123 MDEQ-RFQ03312025. The time and date of receipt shall be indicated on the envelope or package by the Mississippi Department of Environmental Quality

(“MDEQ”). The SOQ and all attachments shall be identified with the name of the Offeror where applicable. Modifications or additions to any portion of the procurement document may be cause for rejection of the SOQ. MDEQ reserves the right to decide, on a case-by-case basis, whether to reject a

SOQ with modifications or additions as non-responsive. As a precondition to SOQ acceptance, MDEQ may request the Offeror to withdraw or modify those portions of the SOQ deemed nonresponsive that do not affect quality, quantity, price, or delivery of the service.

Submissions must be clearly labeled as follows on the exterior of the package:

SEALED QUALIFICATION – DO NOT OPEN

RFx3140004123 MDEQ-RFQ03312025

Attention: Ms. Aveleka Moore

515 East Amite Street

Jackson, MS 39201

The Mississippi Department of Environmental Quality (“MDEQ”) will receive SOQ from Offerors having specific experience and qualifications in the area(s) identified in this solicitation. For consideration, the SOQ for the project must contain evidence of the Offeror’s experience and abilities in the specified area(s) and other disciplines directly related to the proposed service. Other information required by MDEQ is included herein. Unless otherwise stated, all Offerors shall provide profiles and resumes of the primary staff to be assigned to the project, references, illustrative examples of similar work performed, and any other information that clearly demonstrates the Offeror’s expertise in the area(s) of this solicitation.

The SOQ shall be specific and sufficiently detailed to satisfy the requirements set forth in this solicitation. MDEQ will make awards to the Offerors whose SOQ, in the opinion of MDEQ, best conforms to this solicitation and is most advantageous to the State of Mississippi and MDEQ.

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1.1.1. Timeline

• Request for Qualifications (RFQ) Issue Date: Monday, March 31, 2025

• Questions/Clarification Requests to MDEQ Deadline: Monday, April 14, 2025, at 8:30 a.m.

• Anticipated Posting of Responses to Questions/Clarification Requests: Tuesday, April 29, 2025

• Statement of Qualifications (SOQ) Submission Deadline: Tuesday, May 13, 2025, at 3:30 p.m.

• SOQ Package Opening: Wednesday, May 14, 2025

• Anticipated Notice of Intent to Award: Tuesday, June 10, 2025

• Anticipated Post-Award Debriefing Request Deadline: Friday, June 13, 2025, at 8:30 a.m.

• Post-Award Debriefing Held by Date: Tuesday, June 17, 2025

All times and deadlines provided in this RFQ are in Central Standard Time (“CST”).

1.1.2. Late Submissions

All SOQ must be received by MDEQ no later than the time and date specified in Section 1.1.1 of this RFQ for the SOQ Package submission deadline. A SOQ received at the place designated in the solicitation for receipt after the exact time specified for receipt will not be considered unless it is the only SOQ received. SOQ submitted via facsimile (fax) machine will not be accepted. It is suggested that if a SOQ is mailed to MDEQ, it should be posted in certified mail with a return receipt requested. MDEQ will not be responsible for mail delays or lost mail. All risk of late arrival due to unanticipated delay – whether delivered by hand, U.S. Postal Service, courier or other delivery service or method – is entirely on the Offeror. All Offerors are urged to take the possibility of delay into account when submitting a SOQ.

Timely submission of the SOQ package is the responsibility of the Offeror. A SOQ received after the specified time will be rejected and maintained unopened in the procurement file. A SOQ received at the place designated in the solicitation for receipt of the SOQ after the exact time specified for receipt will not be considered unless it has been determined by MDEQ that the late receipt was due solely to mishandling by MDEQ after receipt at the specified address.

The time and date of receipt will be indicated on the sealed SOQ envelope or package by MDEQ staff. The only acceptable evidence to establish the time of receipt at MDEQ identified for SOQ opening is the time and date stamp of MDEQ on the SOQ wrapper or other documentary evidence of receipt used by MDEQ.

1.2 Expenses Incurred in the Procurement Process

MDEQ accepts no responsibility for any expense incurred by the Offeror in the preparation and presentation of a SOQ. Such expenses shall be borne exclusively by the Offeror.

1.3 Propriety Information

The Offeror should mark any and all pages of the SOQ considered to be proprietary information which may remain confidential in accordance with Mississippi Code Annotated §§ 25-61-9 and 79-23-1 (1972, as amended). Any pages not marked accordingly will be subject to review by the general public after award of the contract. Requests to review the proprietary information will be handled in accordance with applicable legal procedures.

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1.4 Registration with the Mississippi Secretary of State

By submitting a SOQ, the Offeror certifies that it is registered to do business in the State of Mississippi as prescribed by the Mississippi Secretary of State. Sole proprietors are not required to register with the

Mississippi Secretary of State.

1.5 Registration with the System for Award Management

The Offeror certifies that it has a Unique Entity Id (“UEI”) with the System for Award Management at www.SAM.gov.

1.6 Exclusion or Debarment

By submitting a SOQ in response to the RFQ, the Offeror certifies that it is not currently excluded or debarred from future contract awards by any political subdivision or agency of any state, federal, local, or county government. The Offeror further certifies that it is not an agent of any such person or entity.

The Offeror certifies that it has not, in the five-year period preceding its offer, been convicted of or had a civil judgment rendered against it for commission of a fraud or criminal offense in connection with obtaining, attempting to obtain, or performance of a public contract; violation of antitrust laws; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. The Offeror certifies that it is not presently indicted or otherwise criminally or civilly charged with the commission of any of the acts listed herein.

The Offeror certifies that, within the past five years, it has not had a contract with a governmental entity terminated due to the Offeror’s failure to perform, default, or any other action or inaction by the Offeror.

1.7 Competitive Qualifications

Discussions may be conducted with Offerors who submit SOQ determined to be reasonably susceptible of being selected for award. Likewise, MDEQ also reserves the right to accept any SOQ as submitted for contract award, without substantive negotiation of proposed terms, services, or prices. For these reasons, all parties are advised to propose their most favorable terms initially.

1.8 Contact and Questions/Requests for Clarification

Offerors must carefully review this solicitation and all attachments for defects, questionable, or objectionable material. Following review, Offerors may have questions to clarify or interpret the RFQ in order to submit the best SOQ possible. To accommodate the questions and requests for clarifications, Offerors shall submit any such question(s) via email by the deadline specified in Section 1.1.1. of this

RFQ. At no time shall any Offeror or its personnel contact, or attempt to contact, any MDEQ staff regarding this RFQ except the RFQ Coordinator, Ms. Aveleka Moore.

All Offeror communication, questions, and requests for clarification regarding this RFQ must be submitted in writing to MDEQ’s RFQ Coordinator, Ms. Aveleka Moore at amoore@mdeq.ms.gov by the deadline specified in Section 1.1.1 of this RFQ. Unauthorized contact regarding the RFQ with other employees of MDEQ may result in the Offeror being disqualified, and the Offeror may also be suspended or disbarred from the State. No negotiations, decisions, or actions shall be initiated by any

Offeror as a result of any verbal discussion with any State or MDEQ representative.

http://www.sam.gov/ mailto:amoore@mdeq.ms.gov

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MDEQ will not be bound by any verbal or written information that is not contained within this RFQ unless formally noticed and issued by the RFQ Coordinator as an RFQ amendment. Offerors are cautioned that any statements made by contact persons that cause a material change to any portion of the

RFQ document shall not be relied upon unless subsequently ratified by a formal written amendment to the RFQ document.

All questions and requests for clarification must be submitted by the deadline specified in Section 1.1.1 of this RFQ and made in writing. Questions and requests for clarification submitted after this date will not be considered. Official responses will be provided only for questions submitted and only to clarify information already included in the RFQ. Offerors shall provide an email address for MDEQ to direct the consolidated “question and answer” document, which will be issued as an Amendment. The identity of the organization submitting the question(s) or request(s) for clarification will not be revealed.

Should MDEQ issue any amendments, they will be provided in writing and transmitted via email to all prospective Offerors who are known to have requested a copy of the RFQ package and will also be published on MDEQ’s website and on the Mississippi Contract/Procurement Opportunity Search portal website. Only amendments transmitted in this manner will be considered official and valid by MDEQ.

1.9 Acknowledgement of Amendments

Offerors shall acknowledge receipt of any amendment issued to the RFQ by signing and returning the amendment with their SOQ submittal. The acknowledgement must be received by MDEQ by the deadline specified in Section 1.1.1 of this RFQ for receipt of SOQ. It is the Offeror’s sole responsibility to monitor the websites for any updates or amendments to the RFQ.

1.10 Type of Contract

Compensation for services will be in the form of an Indefinite Quantity Contract.

1.11 Written Statement of Qualifications

All Statements of Qualifications shall be in writing.

SECTION 2

2.1 Compensation for Services

The compensation for services requested under this RFQ will be according to the rates and requirements included in the MDEQ Underground Storage Tank Branch Reimbursement Procedures and Limitations for Environmental Response Action Contractor (“ERAC”) Expense Reimbursement Requests from the

Mississippi Groundwater Protection Trust Fund, MDEQ Brownfield funds, Uncontrolled Site funds, and other MDEQ funds which is attached hereto as Attachment D.

Selected Offeror(s) shall provide to MDEQ the services in this RFQ set out in one or more Work Orders to be issued by MDEQ and accepted by the Contractor (each, a "Work Order"). Each Work Order shall provide a scope of work, specifications, deliverables, schedule, and cost estimate. Work Orders shall be deemed issued and accepted only if signed by an authorized representative of the Contractor and the

Executive Director of MDEQ, or his designee. There is no guaranteed amount of work under this RFQ and any resulting contract.

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2.2 Purpose

The Mississippi Department of Environmental Quality (“MDEQ”) hereby solicits written Statements of

Qualifications, subject to the conditions stated herein and attached hereto, from qualified organizations, companies or individuals licensed in the State of Mississippi (“Offeror”) to perform environmental assessments, groundwater monitoring, remediation, and associated activities at contaminated sites in

Mississippi that involve a release from underground storage tank system(s) and/or contamination at

Groundwater Assessment and Remediation Division (“GARD”) regulated sites. Work may be funded by the Federal Leaking Underground Storage Tanks (“LUST”) Trust Fund, the Mississippi Groundwater

Protection Trust Fund, MDEQ Brownfield funds, or other MDEQ funds and will require adherence to the applicable conditions for each. Each firm that successfully negotiates a contract with MDEQ may or may not be assigned sites based on qualifications of the firm relevant to the particular site, performance, and its proximity to the site. MDEQ is not obligated to assign any specific number of sites or funding to contracted firms. The Contracted firm(s) shall maintain the minimum requirements for the duration of the contract.

2.3 Scope of Work

MDEQ will make award to the selected Offeror(s) whose SOQ conform to this solicitation and are most advantageous to MDEQ based on the following factors:

A. Environmental Assessment Experience and Past Performance

Demonstrated experience and success of the Offeror and its key personnel in conducting environmental assessments. Consideration may be given to Offerors and key personnel for assessment experience and performance at sites in Mississippi that involved motor fuel contamination caused by a release from underground storage tank system(s) and/or involved

Brownfield/Uncontrolled Sites environmental site assessments.

B. Remediation Experience and Past Performance

Demonstrated experience and success of the Offeror and its key personnel in conducting remediation of contaminated media (e.g., soil, groundwater). Consideration may be given to

Offerors and key personnel for remediation experience and remediation success in Mississippi associated with environmental conditions such as: hazardous substances, motor fuel contamination from leaking underground storage tank system(s), mitigating threats from vapor intrusion, and/or similar.

C. Adequacy of Project Management

Demonstrated managerial experience of the proposed key personnel who will be assigned management oversight responsibilities under the resulting contract, in successfully managing contracts of a similar size and scope to the requirements of this solicitation. Demonstrated organization and availability of lead office personnel, other key personnel, and satellite offices, if applicable.

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Selection of firms, in addition to the minimum requirements, will be based on the following criteria: (1) qualifications of firm and key personnel as related to experience and past performance in the conduct of assessing contaminated soils and groundwater, in the State of Mississippi; (2) qualifications of firm and key personnel as related to experience and past performance in the conduct of remediating contaminated soils and groundwater caused by motor fuel release(s) from leaking underground storage tank system(s) in the State of Mississippi; and other contaminant sources, and (3) qualifications of firm and key personnel as related to experience and past performance on Brownfield assessments and, (4) adequacy of project management.

2.4 Term

The term of the contract shall be for a period of four (4) years with an option to renew for one (1) year, upon written agreement of both parties, and under the same prices, terms, and conditions as in the original contract. The total contract term, including any renewals, shall not exceed a maximum total of five (5) years.

2.4.1 Multi-Term Contracts

Unless otherwise provided by law, a contract for services may be entered into for a period of time not to exceed four (4) years with an option to renew for one (1) year, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds.

2.4.1.1 Requirements

a) Four (4) years of service with an option to renew for one (1) year.

b) A unit price shall be given for each service, and that unit price shall be the same throughout the contract.

c) A multi-term contract will be canceled if funds are not appropriated or otherwise made available to support the continuation of performance in any fiscal period succeeding the first; however, this does not affect either the State’s right or the contractor’s rights under any termination clause in the contract.

d) The Procurement Officer must notify the contractor on a timely basis that the funds are or are not available for the continuation of the contract for each succeeding fiscal period.

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SECTION 3

3.1 Insurance

Prior to Contract performance, the Contractor shall provide and maintain sufficient insurance coverage during the period of performance of the Contract, from an insurance carrier(s) licensed or holding a

Certificate of Authority from the Mississippi Department of Insurance, as required by applicable state and federal law related to the work of the Contract and in connection with the Contract. This will include, but is not limited to the following:

A. The Contractor represents that it will maintain Worker’s Compensation Insurance as prescribed by law which shall inure to the benefit of the CONTRACTOR’s personnel, as well as comprehensive

General Liability in an amount no less than $1,000,000.00 combined single limit and Employee

Fidelity Bond Insurance in an amount no less than $1,000,000.00 and Professional Liability

Insurance in an amount no less than $1,000,000.00. The CONTRACTOR shall comply with applicable federal, state and local laws and regulations.

For all of the insurance coverage required in Paragraph A, MDEQ, MDEQ’s Commissioners, officers, employees, agents, and representatives, and the State of Mississippi shall be named as additional insureds or loss payee on such policies as the circumstances may require. Contractor shall provide that the insureds thereon waive subrogation against the State of Mississippi and the said political subdivisions thereof. The parties (and their respective insurers) agree that Contractor’s respective policies should provide primary coverage before any applicable policy otherwise covering MDEQ and that any insurance covering MDEQ shall be excess coverage over Contractor’s coverage. The policies shall also provide for all additional insureds to be provided with a minimum 30-day written notice prior to the cancellation or modification of each respective policy.

Upon execution of the Contract, Contractor shall promptly furnish MDEQ with endorsements showing the Contractor compliance with the insurance provisions of this paragraph. While Contractor shall provide MDEQ with endorsements as set forth in this paragraph, the failure to do so, or the failure of the endorsements or insurance provided to conform to the Agreement, does not constitute waiver or estoppels as to MDEQ of their respective legal and equitable rights, including but not limited to, the right to enforce the terms of the Contract. These contractual insurance provisions are intended to be, and shall be interpreted to be, separate and independent contractual obligations from the provisions addressing the indemnity of MDEQ by Contractor.

3.1.1 Subcontractor Insurance

The Contractor is responsible for ensuring that any subcontractor(s) provide adequate insurance and/or bond coverage for the activities arising out of subcontracts.

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SECTION 4

4.1 Submission Format

The Offeror will be limited to no more than forty (40) pages, front and back, in their SOQ submittal.

Exceptions made to the above page limitations are described in Section 4.2 of this RFQ.

Paper size shall be 8 1/2 x 11. Typeface shall not be smaller than a font size of 10. Any information contained on pages that exceed the page limit will not be evaluated.

The Offeror must submit one (1) original and one (1) digital copy of the SOQ in PDF format on a USB flash drive of the SOQ to MDEQ on or before the specified time and date as stated in Section 1.1.1 of this

RFQ. The original and digital copy must be signed by an authorized representative of the Offeror.

4.2 Written Statement of Qualifications Must Contain the Following Minimum Information

Offerors shall provide, at a minimum, all of the following information requested in this Section in their SOQ submittal package.

A. If a front cover, back cover, and/or transmittal letter are submitted, they are not included in the forty (40) page limit.

B. A completed and signed Attachment A, Offeror Information Sheet. These pages are not included in the forty (40) page limit.

C. A completed and signed Attachment B, Certifications and Assurances. This page is not included in the forty (40) page limit.

D. Acknowledgment of Amendment(s). Offerors shall acknowledge receipt of any amendment issued to the RFQ by signing and returning the amendment with their SOQ submittal. The acknowledgement must be received by MDEQ by the deadline specified in Section 1.1.1 of this

RFQ for receipt of SOQ. It is the Offeror’s sole responsibility to monitor the websites for any updates or amendments to the RFQ. This information will not be counted towards the forty (40) page limit.

E. The qualifications, including resumes, licenses, certifications, education, skills, and experience of all persons who would be assigned to provide the required services. These pages are not included in the forty (40) page limit.

F. A listing of other contracts under which services are similar in scope, size, or discipline to the required services performed or undertaken within the past three (3) years, as specified in the

Request for Qualifications.

G. The Offeror shall be an approved MDEQ Environmental Response Action Contractor and an approved MDEQ Brownfield Consulting Firm.

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H. The SOQ shall include written documentation demonstrating that the Offeror employs a minimum of one full-time professional engineer registered in the State of Mississippi who is located in the lead office.

I. The SOQ shall include written documentation demonstrating that the Offeror employs a minimum of one full-time professional geologist licensed in the State of Mississippi who is located in the lead office.

J. The Offeror shall list the names, telephone numbers, email addresses, and the office locations of the key personnel to be dedicated to this project. For the purpose of this notice, “key personnel” is defined as registered professional engineers and geologist, and degreed engineers and geologist, and scientists. Substitutions during the term of this project must meet equivalent experience and qualifications as determined by MDEQ. The Offeror shall not substitute key personnel without prior MDEQ approval.

K. The SOQ shall include written documentation demonstrating clear understanding, knowledge, and experience as it pertains to the Section 2.2. and Section 2.3. of this RFQ, which shall be evaluated in accordance with Section 4.6.2 of this RFQ. The SOQ shall include written responses to the Technical Factors, Cost Factors, and Management Factors.

L. The SOQ shall include a list of the Offeror’s references that are familiar with Offeror’s ability to perform the work outlined in this SOQ. The SOQ should also include a statement that MDEQ has the authority to contact the Offeror’s clients listed in the SOQ.

M. The SOQ shall address each of the factors described in Section 2.3. of this RFQ and shall be prepared in exactly the same order, using the same lettering system for all factors.

Offerors that do not comply with these minimum requirements and/or do not satisfactorily document in the SOQ that they meet the minimum requirements will not be considered.

4.3 Minimum Qualifications

The Offerors will be evaluated based on requirements set forth in RFx3140004123 MDEQ-

RFQ03312025. Those criteria that will affect the SOQ and be considered in evaluation for award shall be objectively measurable where possible. This RFQ sets forth the evaluation criteria to be used. No criteria will be used in an evaluation that is not set in this RFQ. Only respondents who are found responsive and responsible will have their SOQ considered.

MDEQ will receive SOQs from Offerors who have specific experience and qualifications in the area identified in this solicitation. For consideration, SOQ for the project must contain evidence of the

Offeror’s experience and abilities in the specified area and other disciplines directly related to the proposed service. Other information required by MDEQ is included herein.

The SOQ shall be specific and sufficiently detailed to satisfy the requirements set forth in this solicitation. A selection committee shall review and evaluate the SOQ.

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4.3.1 Responsive Offeror

The Offeror must submit an SOQ, which conforms in all material respect to this Request for

Qualifications, RFx3140004123 MDEQ-RFQ03312025, as determined by MDEQ.

4.3.2 Responsible Offeror

The Offeror must have capability in all respects to perform fully the contract requirements and the integrity and reliability, which will ensure good faith performance, as determined by MDEQ.

4.4 Nonconforming Terms and Conditions

A Statement of Qualifications that includes terms and conditions that do not conform to the terms and conditions in the Request for Qualifications is subject to rejection as non-responsive. MDEQ reserves the right to permit the Offeror to withdraw nonconforming terms and conditions from its Statement of

Qualifications prior to a determination by MDEQ of non-responsiveness.

4.5 Conditioning Statement of Qualifications Upon Other Awards

Any Statement of Qualifications which is conditioned upon receiving award of both the particular contract being solicited and another Mississippi contract shall be deemed non-responsive and not acceptable.

4.6 Evaluation Procedure and Factors to be Considered in the Evaluation Process

4.6.1 Evaluation Procedure

SOQs that are deemed satisfactorily responsive pursuant to Section 4.3.1 of this RFQ will be reviewed and evaluated by the Evaluation Committee in accordance with the below described process.

SOQs will be reviewed and evaluated by the Evaluation Committee for the information submitted in Offeror's SOQ required under Section 4.2 of this RFQ. Each Offeror receiving a minimum score of 65% on their SOQ is anticipated to be considered for an award under this RFQ.

MDEQ may make reasonable investigations deemed necessary and proper to determine the ability of the Offeror to perform the work. The Offeror shall furnish to MDEQ all information for this purpose that may be requested.

MDEQ reserves the right to reject any offer if the evidence submitted by, or investigation of, the

Offeror fails to satisfy MDEQ that the Offeror is properly qualified to carry out the obligations of the contract and to complete the work described therein.

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4.6.2 Evaluation Factors

The following are the Evaluation Factors to be evaluated by the Evaluation Committee in accordance with Section 4.6.1 of this RFQ, described above.

*Technical factors – 45%

1) Does the Offeror's SOQ demonstrate a clear understanding of the scope of work and related objectives? 5%

2) Is the Offeror's SOQ complete and responsive to the specific RFQ requirements? 10%

3) Has the past performance of the Offeror’s capabilities been sufficiently documented in the

SOQ? 15%

4) Does the Offeror’s SOQ sufficiently document the use of appropriate/prescribed technology and techniques? 15%

*Cost factors – 15%

1) Assurances of performance:

a. Does the SOQ include quality control and assurance (“QA/QC”) programs? 15%

*Management factors – 40%

1) History and experience in performing the work:

a. Does the Offeror’s SOQ document a record of reliability of timely delivery and on-time and on-budget implementation? 10%

b. Does the Offeror’s SOQ demonstrate a track record of service as evidenced by on-time, on-budget, and contract compliance performance? 15%

c. Does the Offeror’s SOQ document industry or program experience? 5%

2) Availability of personnel, facilities, equipment and other resources:

a. Are the availability of in-house and contract resources documented? 5%

3) Qualification and experience of personnel:

a. Documentation of experience in performing similar work by employees and, when appropriate, sub-contractors? 5%

4.7 Award

Contract Award(s) will be made to the fifteen (15) highest ranked Offerors scoring a minimum of

65% and whose SOQ meet the requirements and criteria set forth in this RFQ. If less than fifteen (15)

Offerors meet requirements/criteria and score a minimum of 65% then contracts may be awarded to less than fifteen (15). The selected Offeror(s) shall supply all necessary labor, material, services, equipment, and facilities in support of the effort described herein and as further directed by specific

Work Orders in accordance with the Contract. The Contract(s) will be awarded by written notice, to all Offerors whose SOQ meet the requirements and criteria set forth in this RFQ.

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4.7.1 Notification

All participating Offerors will be notified of MDEQ’s intent to award contracts. In addition, MDEQ will identify the selected Offeror(s).

SECTION 5

5.1 Post-Award Vendor Debriefing

An Offeror, successful or unsuccessful, may request a post-award debriefing, in writing, by

U.S. mail or electronic submission. The written request must be received by the RFQ Coordinator no later than the deadline specified in Section 1.1.1 of this RFQ. A post-award debriefing is a meeting and not a hearing; therefore, legal representation is not required. A debriefing must occur no later than the deadline specified in Section 1.1.1 of this RFQ. If the Offeror prefers to have legal representation present, the Offeror must notify MDEQ in writing and identify its attorney by name, address, and telephone number. MDEQ will schedule and/or suspend and reschedule the meeting at a time when legal counsel can be present.

Unless good cause exists for delay, the debriefing shall occur no later than the deadline specified in

Section 1.1.1 of this RFQ and may be conducted during a face-to-face meeting, by telephonic or video conference, or by any other method acceptable to MDEQ. The Chief Procurement Officer or designee should chair the meeting, and where practicable, include other staff with direct knowledge of the procurement.

At a minimum, the debriefing information shall include the following:

(1) MDEQ’s evaluation of significant weaknesses or deficiencies in the Offeror’s SOQ, if applicable;

(2) A summary of the rationale for award; and

(3) Reasonable responses to relevant questions about selection procedures contained in the solicitation, applicable regulations, and other applicable authorities that were followed.

The debriefing shall not include point-by-point comparisons of the debriefed Offeror’s SOQ with any other response to the solicitation.

5.2 Standard Contract Terms and Conditions

Any Contract entered into between MDEQ, and an Offeror shall include the clauses found in

Attachment C.

5.3 Mississippi Contract/Procurement Opportunity Search Portal

This RFQ, any Amendments, and the Notice of Intent to Award will be posted on the MDEQ website and on the Mississippi Contract/Procurement Opportunity Search Portal website.

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5.4 Attachments

The attachments to this Request for Qualifications are made as a part of this Request for

Qualifications as if copied herein in words and figures.

Attachment A – Offeror Information Sheet

Attachment B – Certifications and Assurances

Attachment C – Standard Contract Terms and Conditions

Attachment D – Mississippi Department of Environmental Quality Underground Storage Tank

Branch Reimbursement Procedures and Limitation for Environmental Response Action

Contractor (“ERAC”) Expense Reimbursement Requests from the Mississippi Ground Water

Protection Trust Fund and for MDEQ Brownfields funds and other MDEQ funds

RFx3140004123 MDEQ-RFQ03312025 ATTACHMENT A

Attachment A

Offeror Information Sheet

As part of the Offeror’s SOQ, this Attachment must be completed and signed by the company’s authorized representative.

Offeror’s Company Name:

Unique Entity ID (“UEI”):

Principal point of contact:

Contact’s Email Address:

Contact’s Telephone Number:

Address of Offeror’s Principal Place of

Business:

If different, the place of performance of the proposed contract for all assigned sites:

Age of the Company:

Average number of employees over the last three (3) years:

Selected Offerors must maintain a list of other clients for review by MDEQ and identify any potential conflicts of interest due to previous work or that may arise during the contract duration. Offerors must provide a list of current or previous clients upon request.

By signing below, the Company Representative certifies that he/she has authority to bind the company, and further acknowledges on behalf of the company:

1. That he/she has thoroughly read and understands the Request for Qualifications, RFx3140004123 MDEQ-RFQ03312025, and the attachments herein;

2. That the company meets all requirements and acknowledges all certifications contained in this

Request for Qualifications, RFx3140004123 MDEQ-RFQ03312025, and attachments herein;

3. That the company agrees to all provisions of this Request for Qualifications, RFx3140004123

MDEQ-RFQ03131025, and the attachments herein;

4.That the company has, or will secure, at its own expense, applicable personnel who shall be qualified to perform the duties required to be performed under this Request for Qualifications.

RFx3140004123 MDEQ-RFQ03312025 ATTACHMENT A

Printed Name:

Signature:

Title:

Date:

RFx3140004123 MDEQ-RFQ0331025 ATTACHMENT B

Attachment B

Certifications and Assurances

I/We make the following certifications and assurances as a required element of the SOQ to which it is attached, of the understanding that the truthfulness of the facts affirmed here and the continued compliance with these requirements are conditions precedent to the award or continuation of the related contract(s).

1. NON-DEBARMENT: By submitting a SOQ, the Offeror certifies that it is not currently debarred from submitting SOQ for contracts issued by any political subdivision or agency of the State of

Mississippi and that it is not an agent of a person or entity that is currently debarred from submitting

SOQ for contracts issued by any political subdivision or agency of the State of Mississippi.

2. OFFEROR’S REPRESENTATION REGARDING CONTINGENT FEES: By responding to the solicitation, the Offeror represents that it has/has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. If the Offeror cannot make such a representation, a full and complete explanation shall be submitted in writing

Offeror’s response.

3. REPRESENTATION REGARDING GRATUITIES: The Offeror represents that it has/has not, is/is not, and will/will not offer, give, or agree to give any employee or former employee of MDEQ a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. The

Offeror further represents that no employee or former employee of MDEQ has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by the Offeror. The Offeror further represents that it is in compliance with the Mississippi

Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.

4. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By submitting a qualification, the Offeror certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other Offeror or competitor for the purpose of restricting competition.

Offeror Name:

Printed Name of Representative:

Signature:

Title:

Date:

Note: Please be sure to circle the applicable word or words provided above. Failure to circle the applicable word or words and/or to sign the form may result in the SOQ being rejected as non-responsive. Modifications or additions to any portion of this document may be cause for rejection of the SOQ.

RFx3140004123 MDEQ-RFQ03312025 ATTACHMENT C

Attachment C

Standard Contract Terms and Condition

1. Acknowledgment of Amendments

The Offerors shall acknowledge receipt of any amendment to the RFQ in writing. The acknowledgement shall be signed and submitted with the SOQ. The acknowledgement must be received by MDEQ by the time and at the place specified for receipt of SOQ.

2. Applicable Law

The Contract shall be governed by and construed in accordance with the laws of the State of

Mississippi, excluding its conflicts of laws provisions, and any litigation with respect thereto shall be brought in the courts of Mississippi.

3. Approval

It is understood that if this contract requires approval by the Public Procurement Review Board

(“PPRB”) and/or the Mississippi Department of Finance and Administration Office of Personal

Service Contract Review (“OPSCR”), and this contract is not approved by the PPRB and/or OPSCR, it is void and no payment shall be made hereunder.

4. Availability of Funds

It is expressly understood and agreed that the obligation of MDEQ to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of the funds. If the funds anticipated for the continuing time fulfillment of the agreement are, at any time, not forthcoming or insufficient, regardless of the source, MDEQ shall have the right upon ten

(10) business days written notice to the Contractor, to terminate this agreement without damage, penalty, cost or expenses to MDEQ of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

5. Certification of Independent Price Determination

By submitting a qualification, the Offeror certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other Offeror or competitor for the purpose of restricting competition.

6. Compliance with Equal Opportunity in Employment Policy

The Contractor understands that MDEQ is an equal opportunity employer and therefore, maintains a policy, which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, genetic information, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is unlawful, and the Contractor agrees during the term of the agreement that the Contractor will strictly adhere to this policy in its employment practices and provision of services.

7. Compliance with Laws

The Contractor shall comply with, and all activities under this agreement shall be subject to, all applicable federal, state, and local laws and regulations, as now existing and as may be amended or modified.

8. Contract Rights

Contract rights do not vest in any party until a contract is legally executed. MDEQ is under no obligation to award a contract following issuance of this solicitation.

9. Contractor’s Representation Regarding Contingent Fees

By executing the Contract, the Contractor represents that it has not retained any person or agency on a percentage, commission, or contingent arrangement to secure this Contract. If the Contractor cannot make such representation, a full and complete explanation shall be submitted in writing to

MDEQ prior to contract execution.

10. Counterparts

This Contract may be executed in counterparts, each of which shall be deemed an original but all of which together shall be deemed to be one and the same agreement. A signed copy of this Contract delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Contract.

11. E-Payment

The Contractor agrees to accept all payments in United States currency via the State of Mississippi’s electronic payment and remittance vehicle. MDEQ agrees to make payment in accordance with

Mississippi “Timely Payments for Purchases by Public Bodies” laws, which generally provide for payment of undisputed amounts by MDEQ within forty-five (45) calendar days of receipt of invoice.

Mississippi Code Annotated § 31-7-301, et seq.

12. E-Verification

If applicable, the Contractor represents and warrants that it will ensure its compliance with the

Mississippi Employment Protection Act and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 and 71-11-3. The

Contractor agrees to provide a copy of each verification upon request of MDEQ subject to approval by any agencies of the United States Government. The Contractor further represents and warrants that any person assigned to perform services hereafter meets the employment eligibility requirements of all immigration laws.

The breach of this agreement may subject the Contractor to the following:

(1) termination of this Contract and exclusion pursuant to Chapter 15 of the Public Procurement

Review Board Office of Personal Service Contract Review Rules and Regulations;

(2) the loss of any license, permit, certification, or other document granted to the Contractor by an agency, department, or governmental entity for the right to do business in Mississippi; or

(3) both. In the event of such termination, the Contractor would also be liable for any additional costs incurred by MDEQ due to Contract cancellation or loss of license or permit to do business in the State.

13. Expenses Incurred in the Procurement Process

MDEQ accepts no responsibility for any expense incurred by the Offeror in the preparation and presentation of a SOQ. Such expenses shall be borne exclusively by the Offeror.

14. Minor Informalities and Irregularities

MDEQ has the right to waive minor defects or variations of a qualification from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance of the services being procured and if doing so does not create an unfair advantage for any Offeror. If insufficient information is submitted by an Offeror for MDEQ to properly evaluate the offer, MDEQ has the right to require such additional information as it may deem necessary after the submission deadline, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured and such a request does not create an unfair advantage for any Offeror. (Information requested may include, for example, a copy of business or professional licenses, or a work schedule.)

15. Paymode

Payments by MDEQ using the State’s accounting system shall be made and remittance information provided electronically as directed by the State and deposited into the back account of the

Contractor’s choice. MDEQ, may, at its sole discretion, require the Contractor to electronically submit invoices and supporting documentation at any time during the term of this Agreement. The

Contractor understands and agrees that the State is exempt from the payment of Mississippi taxes.

All payments shall be in United States currency.

16. Procurement Regulations

This Contract shall be governed by the applicable provisions of the Public Procurement Board Office of

Personal Service Contract Review Rules and Regulations, a copy of which is available on the

Mississippi Department of Finance and Administration’s website (www.dfa.ms.gov). Any Offeror responding to a solicitation for personal and professional services and any contractor doing business with a state Agency is deemed to be on notice of all requirements therein.

17. Property Rights

Property rights do not inure to any Offeror until such time as services have been provided under a legally executed contract. No party responding to this RFQ has a legitimate claim of entitlement to be awarded a contract or to the provision of work thereunder. MDEQ is under no obligation to award a contract and may terminate a legally executed contract at any time.

http://(www.dfa.ms.gov)./

18. Representation Regarding Gratuities

The Contractor represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of MDEQ a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. The Contractor further represents that no employee or former employee of MDEQ has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by the Contractor. The Contractor further represents that it is in compliance with the Mississippi Ethics in Government laws, codified at Mississippi

Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.

19. Required Public Records and Transparency

Upon execution of a contract, the provisions of the contract which contain the personal or professional services provided, the unit prices, the overall price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information pursuant to Mississippi Code Annotated § 25-61-9(7). The contract shall be posted publicly on www.transparency.ms.gov and shall be available at MDEQ for examination, inspection, or reproduction by the public. The Contractor acknowledges and agrees that MDEQ and this Contract are subject to the Mississippi Public Records Act of 1983 codified at Mississippi Code Annotated §§

25-61-1, et seq. and its exceptions, Mississippi Code Annotated § 79-23-1, and the Mississippi

Accountability and Transparency Act of 2008, codified at Mississippi Code Annotated §§ 27-104-

151, et seq.

20. Stop Work Order

MDEQ may, by written order to the Contractor at any time, require the Contractor to stop all or any part of the work called for by this contract. This order shall be for a period of time specified by

MDEQ. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize any further cost to MDEQ. Upon expiration of the stop work order, Contractor shall resume providing the services which were subject to the stop work order, unless

MDEQ has terminated that part of the agreement or terminated the agreement in its entirety. MDEQ is not liable for payment for services which were not rendered due to the stop work order.

21. Termination

Termination for Convenience. MDEQ may, when the interests of MDEQ so require, terminate this contract in whole or in part, for the convenience of MDEQ. MDEQ shall give written notice of the termination to Contractor specifying the part of the contract terminated and when termination becomes effective. Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination Contractor will stop work to the extent specified.

Contractor shall complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

Termination for Default. If MDEQ gives the Contractor a notice that the personal or professional services are being provided in a manner that is deficient, the Contractor shall have 30 days to cure the deficiency. If the Contractor fails to cure the deficiency, MDEQ may terminate the contract for default and the Contractor will be liable for the additional cost to MDEQ to procure the personal and professional services from another source. Termination under this paragraph could result in

Contractor being excluded from future contract awards pursuant to Chapter 15 of the Public

Procurement Review Board Office of Personal Service Contract Review Rules and Regulations. Any termination wrongly labelled termination for default shall be deemed a termination for convenience.

22. Trade Secrets, Commercial and Financial Information

It is expressly understood that Mississippi law requires that the provisions of this Contract which contain the…