S000000371 Stryton Mine Remediation IFB- Revised.pdf

Rev 05/2024

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

REVISED INVITATION FOR BID

SOLICITATION DOCUMENT

All Revisions in Red

SOLICITATION INFORMATION

Solicitation Number: S000000371 Solicitation Issued: October 17, 2024

Description: Stryton Mine Remediation Project

Department: Arkansas Department of Energy and Environment

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: November 13, 2024 Bid Opening Time: 12:00 p.m., Central Time

Bid responses for this Invitation for Bid must be submitted through ARBuy, the State’s eProcurement system.

It can be accessed at arbuy.arkansas.gov. Bids received after the submission deadline may be rejected as untimely.

LIVE BID OPENING INFORMATION

Teams Meeting Link: Join the meeting now Meeting ID: 227 841 310 746 Passcode: cZ9Rgc Call in (audio only): +1 501-244-3310,,638654929# United States, Little Rock Phone conference ID: 638 654 929#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Austin McClane Procurement Specialist’s Direct Phone Number:

501-371-6156

Email Address: Austin.McClane@arkansas.gov TSS OSP’s Main Number: 501-324-9316

TSS OSP Website: transform.ar.gov/procurement

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the Arkansas Department of Energy and Environment (“ADEE” or “Department), Arkansas Division of Environmental Quality (“ADEQ” or “Division”) to obtain pricing and a contract for remediation of abandoned coal mined lands in Sebastian County, Arkansas under ADEQ’s mining program.

Direct all correspondence regarding this Solicitation to TSS OSP and not to ADEQ.

1.2 TYPE OF CONTRACT

A. As a result of this IFB, TSS OSP intends to award a contract to a single Contractor (see Contractor

Selection).

B. The anticipated starting date for any resulting contract is December 23, 2024 except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for one (1) year. Upon mutual agreement by the Contractor and Department, the contract may be renewed by TSS OSP for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.3 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. The terms “Invitation for Bid,” “IFB,” and “Solicitation” are used synonymously in this document.

C. “Prospective Contractor” means a responsive and responsible bidder who submits a bid that meets the Requirements and criteria set forth in this Solicitation.

D. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

E. “Shall” and “must” mean the imperative and are used to identify Requirements and Specifications.

F. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. “Specification” may include a description of any Requirement for inspecting, testing, or preparing a commodity or service for delivery.

G. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this Solicitation, that obligation is limited to the Department using such a contract.

1.4 CONTRACTOR SELECTION

A. Award is expected to be made to the responsive and responsible Prospective Contractor determined to have submitted the lowest bid that meets the Requirements and criteria set forth in the IFB, based on the Total Cost of the Project on the Official Bid Price Sheet submitted by the Prospective Contractor.

B. If the State so chooses, negotiations may be conducted with the lowest-bidding, responsive and responsible Prospective Contractor if:

1. All bids received from responsive and responsible bidders exceed available funding; or

2. It appears that additional savings to the state may result from negotiation.

C. If negotiations fail to result in a contract, the State may negotiate with the next lowest-bidding, responsive and responsible Prospective Contractor.

1. The negotiation process may be repeated until an acceptable lower bid price is negotiated, or until such time the State determines negotiations are no longer in the best interest of the state.

2. Negotiations are conducted at the sole discretion of the State.

D. Once the anticipated awardee has been determined, the anticipated award will be posted to ARBuy, generally for a period of fourteen (14) days prior to the issuance of a contract. The postings are anticipated awards only, subject to protest.

E. A contract is not effective prior to final award being made by the State; some contracts may be subject to Legislative review prior to final award.

1.5 CLARIFICATION OF SOLICITATION

A. Submit questions regarding this Solicitation via the Solicitation posting in ARBuy by midnight, Central

Time on or before October 23rd, 2024.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation item number to which the question refers, as applicable.

2. Prospective Contractors’ written questions will be consolidated and answered by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on October 30, 2024. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a Responsive Bid.

Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a bid.

C. Prospective Contractors may contact the TSS OSP Procurement Specialist with non-substantive questions at any time prior to the bid opening.

D. An oral statement by TSS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

1.6 RESPONSE DOCUMENTS

A. All bids must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at arbuy.arkansas.gov.

1. Prospective Contractors must be registered in ARBuy to submit bids.

B. Bid Response Packet

1. Prospective Contractors shall utilize the Bid Response Packet attached to the Solicitation in ARBuy to submit their bids.

2. The following are bid submission Requirements and must be submitted as part of a Prospective Contractor’s bid.

a. Signed Bid Signature Page; signature may be ink or digital.

b. Completed Bid Response Packet, which must be in English.

c. Completed Official Bid Price Sheet attached to the Solicitation posting.

i. Pricing must be proposed in U.S. dollars and cents.

ii. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must bid unit price on the estimated quantity and unit of measure specified.

The State may order more or less than the estimated quantity on term contracts, and the Contractor shall sell to the Department quantities ordered at no more than the bid price.

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the TSS OSP Procurement Specialist at least seventy-two (72) hours before the bid opening time.

iv. Prices must be firm offers and shall not be subject to escalation.

v. Discount from list bids pricing is not acceptable unless requested elsewhere in the Solicitation.

vi. State and local sales taxes should not be included in the bid price. Trade discounts should be deducted from the unit price and the net price should be shown in the bid.

d. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

e. Proposed Subcontractors Form (see SRV-1)

3. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s bid response:

a. EO 98-04 Contract & Grant Disclosure Form (see SRV-1)

b. Copy of the Prospective Contractor’s Arkansas Contractor License (see Minimum Qualifications)

c. Bid Security

d. Proof of general liability insurance

4. Prospective Contractors should not include any other documents or ancillary information, such as a cover letter or promotional marketing information.

C. Prospective Contractors should not alter any language in Solicitation document(s) or Official Bid Price Sheet provided by the State.

D. Prospective Contractors’ bids cannot be altered or amended after the bid opening except as permitted by law or rule.

E. As requested, Prospective Contractors shall provide clarification regarding Prospective Contractor’s bid response.

F. Prospective Contractors may submit multiple bids.

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 OBJECTIVE AND GOALS

The Department seeks to complete remediation work at Stryton Mine in Sebastian County, Arkansas.

This work is necessary for the general public safety as well as environmental protection of wildlife and humans.

2.2 BACKGROUND AND CURRENT ENVIRONMENT

Arkansas currently has no active coal mines and ADEQ is strictly doing remediation work on abandoned mine sites. The Stryton Mine is Sebastion County is having environmental impacts. There are dangerous high walls, a dangerous water body, and exposed coal that is highly acidic.

This project will be funded by a forfeited bond to ADEQ. Should the lowest bid price exceed the bond amount available to ADEQ, some stages of the project will not be able to be completed under a resulting contract. ADEQ will communicate this information to the Prospective Contractor prior to contract award to finalize performance requirements.

Should the lowest bid price not match the bond amount available to ADEQ, work from the indicated “Optional” tab of the Price Sheet may be requested.

2.3 MINIMUM QUALIFICATIONS

A. Prospective Contractors shall have a current Arkansas Contractor License that demonstrates that the person, firm, or corporation named therein is entitled to all the rights and privileges of a licensed contractor in state of Arkansas. Prior to contract award, the Prospective Contractor shall provide a copy of their Arkansas Contractor License as instructed by TSS OSP.

B. Prospective Contractors shall have completed at least three (3) projects of similar size and scope within the past five (5) years.

2.4 LICENSE, INSURANCE AND BOND

A. Prior to contract award, the Prospective Contractor shall provide current proof of general liability insurance that must demonstrate protection from claims set forth which may arise out of or a result from the Contractor's operations under this project as instructed by TSS OSP.

B. The insurance policy must be written by a casualty company authorized to do business in the State of Arkansas.

C. The Contractor, in accordance with Arkansas Code Annotated 19-4-1405, shall include a bid security in the amount of five percent (5%) of the total bid offered.

D. Prior to contract award, the Contractor shall submit the bid security, either by submitting a cashier's check payable to the order of the Department drawn upon a bank or trust company doing business in Arkansas or by submitting a corporate bid bond in an amount equal to five (5%) percent of the bid, as instructed by TSS OSP.

E. Bid security bonds must be made by a surety company qualified and authorized to do business in the State of Arkansas and listed on the current United States Department of the Treasury's listing of approved sureties.

F. Prospective Contractors shall include in the bid the bid bond amount so that the Total Cost of the Project listed on the Official Bid Price Sheet represents the total cost to the Department of all work included in the resulting contract.

2.5 MANDATORY SITE VISIT

A. Prospective Contractors shall attend the mandatory site visit at the date and time specified below:

Tuesday, October 22, 2024 at 10:00 am, CST Stryton Minerals and Resources LLC 4221 W. Harmony Road Mansfield, AR 72944

B. Upon arrival at the location, Prospective Contractors shall sign a sign-in sheet provided by TSS OSP. Prospective Contractors are encouraged to arrive early to allow time for parking and any check in requirements.

C. Prospective Contractors must be signed in by the scheduled start time specified. Should the Prospective Contractor arrive at the site location after the scheduled start time of the mandatory site visit, the Prospective Contractor may not be permitted to participate in the mandatory site visit.

D. Prospective Contractors shall not request information from ADEQ employees outside of the scheduled mandatory site visit.

E. Prospective Contractors present and participating in the site visit will have the opportunity to ask questions. However, while answers are provided as a courtesy to all in attendance, no oral responses provided by ADEQ will become a part of IFB specifications or the resulting contract unless answer is provided in writing. As such, Prospective Contractors are encouraged to submit pertinent questions as part of the written question and answer process described in the Clarification of Solicitation section of the IFB.

2.6 GENERAL REQUIREMENTS

A. The Contractor shall meet all the Requirements as specified within this IFB and to the satisfaction of the Department.

B. The Contractor shall provide all labor, equipment, materials, and every other supply and need in order to achieve the Requirements as specified within this IFB.

C. The Contractor shall complete all four (4) stages of the project within 270 days of contract award unless bond funding prohibits completion of some of the stages.

2.7 STAGE 1: EARTHWORK

A. The Contractor shall perform all work necessary to facilitate a controlled discharge from the final sediment pond, excavate and transfer all the coal fines and spoil into the pit, and perform the grading of the site.

B. The estimated deadline for completion of Stage 1 is 230 days from the start of work.

C. The Contractor shall pump water out of the strip pit into the existing adjacent drainage control ditch.

D. The Contractor shall monitor the final sediment pond for pH before the water can be discharged into the environment.

E. The Contractor shall move all coal fines and spoil back into the pumped pit to be covered or capped.

F. Stage 1 pricing must include all labor, materials, and equipment needed to move all coal fines and spoil into the strip pit, the compaction of the same material, and grading of the mine site for adequate drainage.

G. The Contractor shall clean out the existing drainage control ditch if necessary.

2.8 STAGE 2: TOPSOIL

A. Topsoil must be hauled from the topsoil stockpile to the graded mine site for cover.

B. The topsoil stockpile is located on the same mine property and is approximately 2,500 feet from the graded mine area. The topsoil stockpile contains approximately 29,800 cubic yards of topsoil.

C. The estimated deadline for completion of Stage 2 is 20 days from the end of Stage 1.

D. The Contractor shall use only topsoil from the stockpile to cover the mine area.

E. The Contractor shall distribute topsoil as evenly as possible across the entire mine area sufficient to bring the site to a finished grade.

F. The Contractor shall lightly compact the topsoil to prepare it for seeding and planting.

G. Topsoil must not contain large chunks of rock or debris.

H. Stage 2 pricing must include all labor, materials, and equipment needed to haul the topsoil to the site and have the material spread evenly across the graded site.

2.9 STAGE 3: VEGETATION

A. Upon completion of Stage 2, and after the mine area has been brought to finish grade and approved by the Department, the Contractor shall prepare seedbeds on all disturbed areas.

B. The estimated deadline for completion of Stage 3 is 10 days from the end of Stage 2.

C. The Contractor shall evenly spread hulled common Bermuda or a perennial grass seed (suitable for the area) over the disturbed areas. Please note that if perennial grass seed is not appropriate, annual winter mix must be included in the seeding.

D. The Contractor shall roll or lightly till the seeded area for adequate seed to soil contact.

E. The Contractor shall mulch (cover with straw) the entire area for adequate seed protection as determined by the Department.

F. Stage 3 pricing must include all seed, mulch, labor, materials, and equipment needed to complete Stage 3 Requirements.

2.10 STAGE 4: CLEAN UP

A. The Contractor shall return all property off the mine site that was damaged by the reclamation work to the condition it was in before the reclamation activities began, including without limitation, filling in and smoothing out ruts and potholes on the access road to the mine site.

B. The estimated deadline for completion of Stage 4 is 10 days from the end of Stage 3.

C. The Contractor shall remove and dispose of all trash and leftover construction materials, if any, off the property.

D. Stage 4 pricing must include all labor, materials, and equipment needed to complete Stage 4 Requirements.

2.11 MOBILIZATION

A. The Contractor shall mobilize all plant and machinery to perform all work required under Stages 1 through 4.

B. The Contractor shall cover all expenses to transport personnel and equipment, payments for all road and hauling permits and fees, the preparatory work performed at the project site, the establishment of temporary electric service, office buildings, fuel storage facilities, and any other facilities necessary to complete the work required under Stages 1 through 4.

2.12 PERFORMANCE STANDARDS

A. State law requires that contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration. Table A: Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Department due to the assessment of damages, the Contractor shall follow the direction of the Department regarding the required compensation process.

SECTION 3 – SOLICITATION TERMS AND CONDITIONS

3.1. ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor’s past performance with the State may be used to determine if the

Prospective Contractor is responsible (OSP Rule R1:19-11-235).

1. Bids submitted by Prospective Contractors determined to be non-responsible will be rejected.

B. A single Prospective Contractor must be identified as the prime contractor.

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof.

C. By submitting a bid, the Prospective Contractor represents and warrants:

1. That the prices in the bid have been arrived at independently, without any collusion with another competing Prospective Contractor.

a. Collusion violates Arkansas Procurement Law and can lead to suspension, debarment, and can be referred to the Attorney General’s officer for investigation and appropriate legal action (Arkansas Code Annotated § 19-11-240 and 19-11-245).

2. That the Prospective Contractor has not retained a person to solicit or secure the resulting contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Prospective Contractor for the purpose of securing business.

D. Qualifications, services, and commodities must meet or exceed the required Specifications as set forth in the Solicitation.

3.2. GENERAL TERMS AND CONDITIONS

A. The Contractor must be registered as a vendor to receive payment and may register online by visiting ark.org/vendor/index and clicking the Start Here button.

B. All payments to the Contractor under a resulting contract shall be made exclusively through ACH (Automated Clearing House) direct deposit.

1. The Contractor shall provide the necessary banking information, including account number, routing number, and any other details required to facilitate ACH direct deposits.

2. The Contractor shall be responsible for ensuring that the provided banking information is accurate and up to date. Any delays or errors in payment caused by incorrect or outdated information provided by the Contractor shall not be the responsibility of the Department.

3. The Department will process payments according to the agreed payment schedule, and all payments made via ACH direct deposit shall be considered as duly received upon successful transmission to the Contractor’s designated bank account.

C. Pursuant to Arkansas State Procurement Law, the Contractor shall certify that, unless they offer to provide the goods or services for at least twenty percent (20%) less than the lowest certifying Prospective Contractor:

1. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of Israel (Arkansas Code Annotated § 25-1-503),

2. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of an Energy, Fossil Fuel, Firearms, or Ammunition Industry (Arkansas Code Annotated § 25-1-1102).

D. Pursuant to Arkansas Procurement Law, the Contractor shall certify that the Contractor does not knowingly employ or contract with illegal immigrants and that the Contractor shall not knowingly employ or contract with illegal immigrants during the aggregate term of any contract with the State or any of its departments, institutions, or political subdivisions (Arkansas Code Annotated § 19-11-105).

E. The Contractor shall invoice the State as required by the Department and should not invoice the State in advance of delivery and acceptance of any commodities or services (Arkansas Code Annotated § 19-4-1206).

1. The Contractor should invoice the agency by an itemized list of charges. The Department’s purchase order number and/or the contract number should be referenced on each invoice.

2. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of commodities and services by the Department.

3. Payment will be made only after the Contractor has successfully satisfied the Department as to the reliability and effectiveness of the commodities or services purchased as a whole.

F. The Contractor should be able to accept the State’s authorized VISA Procurement Card (p-card) as a method of payment. Price changes or additional fee(s) must not be levied against the State when accepting the p-card as a form of payment.

G. This IFB incorporates all terms of the Standard Commodities Contract Template (found here).

1. The contract template is attached to the Solicitation in ARBuy as a sample for your information only.

2. A Prospective Contractor’s bid may be rejected if a Prospective Contractor takes exception to any terms, conditions, or Requirements in this IFB.

H. The Prospective Contractor shall certify that they are not a company owned in whole or with a majority ownership by the government of the People's Republic of China (a “Scrutinized Company”) and that they do not and shall not during the aggregate term of the resulting contract employ a Scrutinized Company as a contractor (Arkansas Code Annotated § 25-1-1203).

I. The Prospective Contractor agrees and shall adhere to all terms, conditions, and Requirements if selected as the Contractor.

1. Items may only be modified if the legal requirement is satisfied and approved by the State during negotiations.

3.3. MINORITY AND WOMEN-OWNED BUSINESS

A. A minority-owned business is defined by Arkansas Code Annotated § 15-4-303 as a business owned by a lawful permanent resident of this State who is:

African American American Indian Asian American Hispanic American

Pacific Islander American A Service-Disabled Veteran as designated by the United States Department of Veteran Affairs

B. A women-owned business is defined by Act 1080 of the 91st General Assembly Regular Session 2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this State.

C. The Arkansas Economic Development Commission conducts a certification process for minority-owned and women-owned businesses. If certified, the Prospective Contractor’s Certification Number should be included on the Bid Signature Page.

3.4. PROPRIETARY INFORMATION

A. The release of public records is governed by the Arkansas Freedom of Information Act (Arkansas

Code Annotated § 25-19-101 et. seq.).

B. Submission documents pertaining to the Solicitation become the property of the State and may be subject to the Arkansas Freedom of Information Act (FOIA).

C. In accordance with FOIA, and to promote maximum competition in the State competitive sealed bidding, the State may maintain the confidentiality of certain types of information described in FOIA.

Such information may include trade secrets and other information exempted from public disclosure pursuant to FOIA.

D. Under no circumstances will pricing information submitted in response to an invitation for sealed bids be designated as confidential after the sealed bids have been opened.

E. Consistent with and to the extent permitted under FOIA, any Prospective Contractor may designate appropriate portions of a bid as confidential by submitting a redacted copy of the bid. By so redacting any information contained in the bid, the Prospective Contractor warrants that, after having received such necessary or proper review by counsel or other knowledgeable advisors, it has formed a good faith opinion that the portions redacted are not considered public records under FOIA.

F. If a Prospective Contractor deems part of the information contained in a response not to be a public record, the Prospective Contractor should submit one (1) complete copy of the submission documents from which any proprietary or confidential information has been redacted in their bid response. Except for the redacted information, the redacted copy must be identical to the original copy, reflecting the same pagination as the original and showing the space from which information was redacted.

G. The Prospective Contractor is responsible for identifying all proprietary information and for ensuring the electronic copy is protected against restoration of redacted data.

H. The redacted copy will be open to public inspection under the FOIA without further notice to the Prospective Contractor. If the State deems redacted information to be subject to a public record request under FOIA, the State will endeavor to notify the Prospective Contractor prior to release of the redacted record.

I. The State has no liability to a Prospective Contractor with respect to the disclosure of Prospective Contractor’s confidential or proprietary information ordered by a court of competent jurisdiction pursuant to FOIA or other applicable law.