STATE 0000000533SL Oil and Gas Plugging.docx

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Oil and Gas Well Plugging and Remediation Services Qualified Vendor List (QVL)

PROPOSAL DUE NO LATER THAN: 08/21/2026 AT 2:00 PM CENTRAL TIME

Proposal response must be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov.

E-mailed, mailed, courier, or hand-delivered proposal responses will not be accepted.

RFP CONTACT INFORMATION:

BUYER: Ryan Bulinski

PHONE NO.: (573) 522 0001

EMAIL: Ryan.bulinski@oa.mo.gov See “RFP Questions” in Section 1 for appropriate communications during the procurement process.

DELIVER SUPPLIES/SERVICES FREE ON BOARD (FOB) DESTINATION TO THE FOLLOWING ADDRESS:

Missouri Department of Natural Resources Missouri Geologic Survey, Oil and Gas Section 111 Fairgrounds Road Rolla, MO 65401

ATTENTION:

1. After reviewing the Request for Proposal (RFP), the vendor must complete and return Exhibit A, Proposal Signature Page and all other necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance Exhibits herein as explained in the RFP’s Vendor Response Exhibits, vendors are encouraged to IMMEDIATELY begin securing these verifications.

3. The vendor must be registered in MissouriBUYS, powered by MOVERS in a “Prospective” or “Spend Authorized” registration status to submit a proposal. The vendor must achieve “Approved” registration status in MissouriBUYS (WebProcure/Proactis) and “Spend Authorized” registration status in MissouriBUYS, powered by MOVERS to be considered for a contract award. Reference Section 5.

RFP Organization:

RFP Vendor Response Exhibits (Return these exhibits with the proposal)

BUSINESS COMPLIANCE EXHIBITS

Attachments (Do not return these documents with response)

Separate Documents: The vendor is advised that the separate documents to this document referenced above provide additional requirements, information, and/or instruction. The separate documents must be downloaded from the Division of Purchasing’s MissouriBUYS, powered by MOVERS, website at: https://missouribuys.mo.gov/. The separate documents are downloadable from the same web page where the solicitation document is downloadable. It shall be the sole responsibility of the vendor to obtain each of the separate documents. The vendor shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the vendor to obtain a copy of the separate documents.

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals to supplement the state’s current Qualified Vendor List (QVL) for the provision of Oil and Gas Well Plugging and Remediation as set forth herein for The Department of Natural Resources (hereinafter referred to as “state agency”).

Due to a technical error in MissouriBUYS, powered by MOVERS, vendors who submitted a response to STATE 0000000489SL must submit a response to this STATE 0000000533SL.

Minimum Experience Qualifications: There are minimum experience qualifications in the RFP (See Section 2.2, Minimum Experience Requirements in Section 2: Scope of Work).

Titles: Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.

Background and Historical Usage Information:

This service will provide oil and gas well plugging, pipeline and tank removal and associated environmental remediation services throughout the state as wells are assessed and located. Activities may include, at times, methane detection as well as maintaining compliance with various Federal and State environmental laws including but not limited to the Clean Water Act. Information regarding oil and gas can be found at the following website: Missouri Code of State Regulations: Title 10 - Department of Natural Resources.

President Biden signed the Bipartisan Infrastructure Law (BIL; Public Law 117-58) on November 15, 2021, making a once-in-a-generation investment in the Nation’s infrastructure and economic competitiveness. Section 40601 of the BIL creates an orphaned well site plugging, remediation and reclamation program within the Department of Interior (DOI) to address orphaned wells and well sites and subsection (c) created three types of grants for states known as the initial grant, formula grant and performance grants. The state agency obtained Initial Grant funds to assess 1,960 abandoned oil and gas wells. With these grant funds, the state agency awarded contracts to locate and assess the abandoned oil and gas wells. Ultimately, the state agency plans to plug these wells with Formula Grant funds after the wells are located and assessed.

Additionally, the state agency plans to plug 242 wells associated with the Carmel Energy, Inc. lease with funds from Phase 1 of the Formula Grant. Other well plugging activities will follow under future phases of the formula Grant. The state agency will also use this qualified vendor’s list to plug any oil and gas wells throughout the state, independent of the BIL.

Current and/or Previous Contract Information:

Current contracts exist for the services being obtained via this RFP. A copy of the contracts can be viewed and printed from the Division of Purchasing Awarded Bid & Contract Document Search System located on the Internet at: https://purch.oa.mo.gov/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of the contracts may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the Bid numbers STATE 0000000393SL or the contract numbers MS260393001, MS260393002 and MS260393003 when searching for these documents.

Due to requirement changes for the current contract series for Oil and Gas Well Plugging and Remediation Services, STATE 0000000533SL is being issued. Upon award of STATE 00000000533SL, current contracts MS260393001, MS260393002, and MS260393003 will be terminated. Therefore, ALL vendors holding a current contract must submit a response to STATE 0000000533SL to be considered for award to continue providing Oil and Gas Well Plugging and Remediation Services for the State of Missouri. Any current projects in progress under the contract MS260393 series or any Statements of Work (SOWs) awarded prior to the award of STATE 0000000533SL will be honored; however, once the Oil and Gas Well Plugging and Remediation services project(s) have ended, the contract(s) will be terminated.

RFP Questions:

Buyer is Single Point of Contact for Solicitation: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc., to the buyer indicated on the first page of this RFP. It is preferred that questions be emailed to the buyer.

Except as noted herein, vendors and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Vendors can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at http://www.sos.mo.gov/adrules/csr/csr.asp.

Vendor is Responsible for Asking Questions About the RFP: It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Division of Purchasing if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a proposal.

Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten (10) calendar days prior to the proposal closing date and time of the proposals. If not received prior to ten (10) calendar days before the proposal closing date and time, the Division of Purchasing may not be able to fully research and consider the respective questions or issues.

State’s Response to Vendor Questions: Upon the Division of Purchasing’s consideration of questions and issues, if the Division of Purchasing determines that changes are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an RFP amendment. All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal amendment to the RFP. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

RFP is State’s Only Official Position: The only official position of the State of Missouri shall be that which is contained in the RFP and any amendments thereto.

Amendments:

If the Division of Purchasing determines that changes to the RFP are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s) prior to the proposal closing date and time.

Glossary of Terms and Acronyms:

Whenever the following terms and acronyms appear in the RFP document or any amendment thereto, the definitions or meanings described below shall apply.

General Glossary, Acronyms, and Abbreviations:

Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the Division of Purchasing (Purchasing). The agency is also responsible for payment, unless otherwise specified herein.

Amendment means a written, official modification to a solicitation or contract.

Attachment applies to all documents which are included with an RFP to incorporate any informational data or requirements related to the performance requirements and/or specifications.

Buyer means the procurement staff member of Purchasing.

Code of State Regulation (CSR) contains the current administrative rules of executive agencies of Missouri government. The regulations are arranged by agency rather than by subject.

Contract means a legal and binding agreement between two or more competent parties, for consideration for the procurement of equipment, supplies, and/or services.

Contractor means a supplier, offeror, person, or organization who is a successful vendor as a result of an RFP and who enters into a contract.

Exhibit applies to forms which are included with an RFP for the vendor to complete and submit with their proposal prior to the specified closing date and time.

May means that a certain feature, component, or action is permissible, but not required.

Must means that a certain feature, component, or action is a mandatory condition.

Party refers to either the State of Missouri or the contractor as an entity that may enter into a contract pursuant to the terms herein.

Quote Request Pricing Page(s) applies to the form(s) on which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the quote request. The pricing pages must be completed and submitted by the vendor with the quote request prior to the specified proposal closing date and time.

Proposal Closing date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals.

Purchase Order means the authorized document issued by the state agency to the contractor indicating descriptions, quantities, and agreed prices for products and/or services.

Reasonable, Necessary or Proper as used herein shall be interpreted solely by the State of Missouri.

Request for Proposal (RFP) means the solicitation document issued by Purchasing to potential vendors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes the following sections: Introduction and Background Information; Scope of Work; Terms and Conditions (“terms and conditions” and “Terms and Conditions” are used interchangeably throughout the RFP); General Contractual Requirements; and Vendor Submission, Evaluation, and Award Information; and the RFP Vendor Response Exhibits, Attachments, and Amendments of the RFP.

RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of Purchasing.

Shall has the same meaning as the word must.

Should means that a certain feature, component and/or action is desirable but not mandatory.

State collectively referring to the state government and/or the agencies thereof.

Supplier has the same meaning as the word, vendor.

Vendor means the supplier, offeror, person, or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, and/or services as required in the RFP document.

Accuracy of Background Information:

Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this RFP.

****END OF INTRODUCTION AND BACKGROUND INFORMATION SECTION****

SCOPE OF WORK SECTION

General Requirements:

The contractor shall provide Oil and Gas Plugging Services Statewide for the Department of Natural Resources in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

The contractor shall provide oil and gas plugging services for one or more of the following categories if accepted and specified in the Notice of Award issued by the Division of Purchasing:

Category One: Scouting;

Category Two: Site Access and Preparation;

Category Three: Well Plugging;

Category Four: Equipment Removal;

Category Five: Remediation; or

Category Six: Land Reclamation.

The contractor shall provide oil and gas plugging services for one or more of the regions stated in Attachment 1, Region Map.

Contractor’s Obligation: Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

Minimum Experience Requirements:

For all proposed services, the contractor should have one (1) year of experience with Missouri Oil and Gas Regulations. In addition, the contractor should have one (1) year of experience with Department of Interior (DOI) Methane Measuring Guidelines.

If proposing scouting and/or site access and preparation services, the contractor must have one (1) year of experience locating and assessing abandoned oil/gas wells.

If proposing well plugging and/or remediation, the contractor must have five (5) years of experience in with oil and gas well plugging, water and soil remediation from well spills and environmental compliance.

If proposing equipment removal services, the contractor must have one (1) year of experience with equipment removal.

The contractor should have minimum of one (1) year experience with ArcGIS software to adequately collect and analyze geospatial data within ArcGIS applications.

If proposing land reclamation services, the contractor must have one (1) year of experience with land reclamation.

Qualified Vendor List Utilization and Requirements:

The state shall establish a Qualified Vendor List (QVL) for the services stated herein. Once established, the list will identify the contractors that may participate in responding to the quoting process stated herein. Quotes shall be developed by the state agency to secure Oil and Gas Well Plugging and Remediation Services.

The state agency requesting quotes for a particular service shall notify ALL of the QVL contractors for the particular service(s) and region(s) and request submittal of a competitive quote response in accordance with the provisions herein. All terms and conditions of the contract shall apply to all quote requests. Determination of quote specifications for each quote request shall be made by the ordering state agency.

Because the state agency needs multiple contractors throughout the state to effectively meet the state agency’s demand for Oil and Gas Well Plugging and Remediation Services, the Division of Purchasing reserves the right to add more contractors subsequent to the initial award of contract(s) by conducting a separate procurement process(es) to supplement the list of qualified vendors. Qualifying vendors may be added as additional contractors subject to the same considerations identified herein regarding award of a contract.

Statement of Work Requirements for Cost-Based Evaluation

Statement of Work (SOW): In order to fulfill the State of Missouri’s procurement obligation to make awards to the lowest and best contractor, the state agency will request an SOW from all awarded contractors for the specific category and region needed by the state agency.

SOW Request: In requesting SOWs from QVL contractors, the state agency will identify the following when requesting price SOWs from the contractors. Requesting state agencies may, but are not required to, use the Sample Cost-Based Evaluation SOW included herein as Attachment 2 when requesting SOWs from contractors.

Requesting state agency name/address;

Services needed;

Quantities needed;

Specific delivery requirements/location where services needed;

Delivery timeframe/timeframe for services;

Travel and lodging necessary for services;

Quote request issue date;

Quote request due date; and

Contact name and email address or fax number for quote submission.

Issuance of SOW Request: The state agency will issue the SOW request to all awarded contractors for the specific category needed by the state agency.

SOW Request Amendment: SOW requirements may be changed by the state agency via an amendment to the SOW prior to the SOW due date, SOW Response Timeframe: The contractor shall submit SOW Responses in a timely manner in accordance with the state agency’s prescribed number of days for the contractor to submit the SOW Response. The typical response time for SOW Responses is ten (10) business days after issuance.

Vendor Questions to SOW: Prior to the SOW Response Due Date, it shall be the contractor's responsibility to ask questions, request changes or clarification, or otherwise advise the requesting state agency if any language, specifications or requirements of the SOW appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the SOW to a single source. Any and all communication from contractors regarding specifications, requirements, competitive SOW process, etc., must be directed to the state agency contact listed on the SOW Request document. The state agency will issue additions, revisions, and deletions to the SOW specifications and requirements via an amendment to the SOW, prior to the SOW Response Due Date (excluding the SOW Change Request process identified herein as deemed necessary by the state).

SOW Response: The QVL contractor shall understand and agree that all terms and conditions of the contract shall apply to all SOWs for Oil and Gas Well Plugging and Remediation Services. The QVL contractor must only quote and provide the specifically awarded services that have been approved by the Division of Purchasing’s Notice of Award.

All SOW responses must (1) be submitted by a duly authorized representative of the vendor’s organization, (2) contain all information required by the SOW request, and (3) be priced as required.

By submitting a SOW response, the contractor agrees to furnish the equipment, supplies and/or services specified in the SOW request, at the prices quoted, pursuant to all requirements and specifications contained therein.

SOW response, including all pricing therein, shall remain valid for ninety (90) calendar days from the SOW request due date unless otherwise indicated in the SOW request. If the SOW request response is accepted and awarded, the entire awarded SOW request response shall be firm for the specified timeframe identified in the SOW request.

If a contractor is unavailable to provide the SOW requested products/services in the specified timeframe needed, the contractor should identify the timeframes in which they could provide the services.

Pricing: In the SOW response, the QVL contractor shall price the specified service(s) identified in the SOW request based upon the quantity, unit of measure, and the mandatory specifications stated by the state agency at the time of the SOW request. The state shall not pay nor be liable for any other additional costs including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

The QVL contractor shall understand that each SOW response submitted shall be considered an open record unless otherwise exempt pursuant to the provisions of the State of Missouri Revised Statutes, specifically section 610.021-022, RSMo, and other provisions as may be applied. The QVL contractor should NOT include confidential material with their SOW response.

The QVL contractor must respond to the state agency SOW requests in writing by the timeframe indicated by the state agency. If SOWs are not submitted within the timeframe requested, the state agency may consider the QVL contractor’s absence of a response as a “no bid”.

Cost-Based SOW Evaluation and Award: For each SOW response, the requesting state agency shall confirm the SOW response meets the minimum requirements as stated in the SOW request. For those responses which meet the requesting state agency’s minimum requirements, the state agency shall consider (1) price and (2) any preference considerations identified in the contract award for the individual QVL contractors by the Division of Purchasing in determining the “lowest and best” SOW received.

More specifically, for those responses which meet the requesting state agency’s minimum requirements, the evaluation shall be based upon (1) price and (2) any bonus points from the original RFP evaluation for Organizations for the Blind and Sheltered Workshop Participation and Missouri Service-Disabled Veteran Business Enterprise Participation. The contractor with the lowest cost that meets the requesting state agency’s needs shall be considered the “lowest and best” SOW response and awarded the specific project, unless a vendor qualifies for SDVE or Organization for the Blind/Sheltered Workshop bonus points in which case, cost and bonus points will determine the “lowest and best” SOW response. The requesting state agency shall have the right to reject all responses and not make an award.

Upon determination of each contractor’s total cost for service in the SOW response, cost points shall be computed from the results of the calculation stated below using a scale of 200 possible points and the following formula

Lowest Responsive Contractor’s Price Compared Contractor’s Price

For those contractors awarded bonus preference points during the evaluation of STATE 0000000533SL, such bonus preference points shall be added to the contractor’s cost evaluation points. The contractor that meets the state agency’s minimum with the most points after totaling the cost evaluation points with the bonus preference points will be considered the lowest and best contractor, including consideration of preferences.

The requesting state agency will document their determination of the “lowest and best” SOW at the time the SOW is awarded.

The requesting state agency will be instructed to inform all responding contractors of the outcome of the award. Acceptance of the SOW, unless otherwise specified, is not authorization to proceed with services. The requesting state agency must provide authorization to proceed through issuance of a purchase order or specific written authorization to proceed.

In the event all SOW responses fail to meet the requesting state agency’s needs, the requesting state agency may reject all responses and cancel the SOW request.

Statement of Work Requirements for Weighted Criteria Based Evaluation:

Statement of Work (SOW): In order to fulfill the State of Missouri’s procurement obligation to make awards to the lowest and best contractor, the contractor shall understand and agree the state agency will utilize the Statement of Work as the means to (1) competitively bid a specific project among other contractors within the category, (2) identify the specific requirements to be performed, and (3) establish a total price to be paid to the awarded contractor of the SOW upon completion of the specified requirements. The duration of the SOW must not exceed the effective contract period. A template SOW is provided in Attachment 2.

SOW Request: The state agency’s SOW request must explain the scope of the project and the tasks the state agency desires the contractor to perform, including applicable business and technical specifications, and project deliverables, as well as any minimum experience requirements and personnel requirements. In addition, the state agency shall specify the evaluation criteria in the SOW that shall be utilized to determine the SOW award. The contractor shall understand and agree that the SOW will normally be broken out into the following sections:

Introduction/Overview/Purpose Section: Brief description of the project. Information provided to acquaint the contractor with the planned project. In addition, the following information will be provided:

State agency name/address Contact name and email address or fax number for submission.

Title of SOW SOW Issue Date SOW Response Due Date: The typical response time for SOW Responses is ten (10) business days after issuance.

Project Goals and Objectives: A description of how the project came to be and why the project is being pursued, and how it relates to other projects. Summarization of any statutory authority or regulations affecting the overall requirement; and identify any background materials attached to the SOW. The state agency will also provide any information pertaining to the state agency’s business environment such as identification of hours of operation, The state agency will identify specific objectives that the SOW project will achieve. This section should provide a concise overview of the contract effort goals and objectives; and how the results or end products will be used.

Scope of Work: A listing of specifications/performance requirements, standards, locations, tasks, deliverables, schedule, and the state identified assumptions. In this section the state agency will define the tasks that the contractor must complete for the SOW project and provide a detailed itemization and description of those tasks (i.e., project work), including requirements for and specified frequency of any required status reports; the specified project tasks must be clearly stated and must be quantifiable. The scope of work section should outline any applicable additional state data requirements (e.g. extraction).

Minimum Experience Requirements;

Personnel Qualifications;

Performance Requirements;

i. Services needed;

ii. Quantities needed;

iii. Specific delivery requirements/location where services needed;

iv. Delivery timeframe/timeframe for services; and/or

v. Reporting Requirements;

Deliverables: the state agency should clearly state what work product the contractor must deliver. A description of the acceptance criteria as well as what the contractor must obtain from the state agency to verify the state agency’s receipt and approval of the deliverable work product will also be included. Typically, payment milestones will be associated with acceptance of deliverables

Invoicing and Payment Requirements; and

i. Travel and lodging necessary for services;

Payment Holdbacks/Liquidated Damages. The SOW may contain withholding amounts, liquidated damages, or other special requirements, including but not limited to maintenance and support, warranty, bond, etc. for the project that are in addition to the other provisions of the contract. Such items shall be listed in the SOW.

SOW Submission and Evaluation: In this section, the state agency should clearly define the submission and evaluation criteria. The evaluation of each SOW will include Organization for the Blind and Sheltered Workshop Preference and Missouri Service-Disabled Veteran Business Enterprise Participation commitments made in the awarded QVL proposal.

Pricing: In this section, the state agency should clearly identify all required pricing line items or payment milestones, which should align with the deliverables including line item for the total price to perform the project described in the SOW. All payments shall be made in arrears.

Issuance of SOW Request: The state agency will issue the SOW to request to all awarded contractors for the specific category and region needed by the state agency.

SOW Request Amendment: SOW requirements may be changed by the state agency via an amendment to the SOW prior to the SOW due date.

Vendor Questions to SOW: Prior to the SOW Response Due Date, it shall be the contractor's responsibility to ask questions, request changes or clarification, or otherwise advise the requesting state agency if any language, specifications or requirements of the SOW appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the SOW to a single source. Any and all communication from contractors regarding specifications, requirements, competitive SOW process, etc., must be directed to the state agency contact listed on the SOW Request document. The state agency will issue additions, revisions, and deletions to the SOW specifications and requirements via an amendment to the SOW, prior to the SOW Response Due Date (excluding the SOW Change Request process identified herein as deemed necessary by the state).

SOW Response: The contractor must respond (within a prescribed number of days as stated within the SOW Request by the state agency) to each such SOW requested from the state agency with a SOW Response which provides a statement of firm, fixed cost for the project, and technical/service to fulfill the SOW Request. The contractor shall not be paid for the preparation of the SOW Response. The contractor’s SOW Response shall include, at a minimum, the following:

Cost Response: Firm, fixed price(s) to fulfill the SOW Project

Experience of Organization and Past Performance: A description of the contractor’s experience performing the services outlined in the SOW.

Personnel Qualifications and Biographies: A description of the contractor’s resources proposed to provide the services identified in the SOW project to include but not limited to: human resources to be provided, facility/equipment/supply resources, etc. a description of the minimum qualifications for an individual with a human resource job classification category (i.e., database architect, programmer, etc.) outlining the skills, experience and knowledge/education of the staff being offered for the SOW project.

Approach/Methodology: Project Overview: Statement of the contractor’s understanding of the SOW project and the business/technical needs of the project. A description of how the contractor will specifically go about completion of the work for the SOW project.

Blind/Sheltered Workshop and/or SDVE Participation: If the contractor’s awarded response included participation, the contractor should provide a description of the contractor’s proposed participation by Blind/Sheltered Workshop and/or SDVE subcontractors, including the work to be performed by the subcontractor(s) and the participation commitment made to the subcontractor(s) (i.e. dollar amount or percentage of the project) for the SOW project.

Open Records: The contractor shall understand that each SOW response submitted shall be considered an open record unless otherwise exempt pursuant to the provisions of the State of Missouri Revised Statutes, specifically section 610.021-022, RSMo, and other provisions as may be applicable. If the contractor considers any part of their SOW to be proprietary or confidential, the contractor must clearly identify such part and shall provide adequate explanation of what qualifies the material as being held confidential under the provisions of the State of Missouri Revised Statutes. Unless specific confidential information is requested by the State of Missouri and acknowledged as such, the contractor should NOT include confidential material with their SOW response.

Evaluation of Weighted Criteria Based SOW Responses: Each competitive SOW shall be evaluated based on a 200-point evaluation scale, as delineated in the SOW Submission and Evaluation section of the specific project SOW.

Responsiveness: The state agency will review each SOW response to confirm that the SOW response meets the minimum requirements stated in the SOW response.

During the evaluation of the SOW responses, the state agency reserves the right to request clarification of the contractor’s intent regarding the contactor’s SOW response. Any clerical error, apparent on its face, may be corrected before award of a SOW. Upon discovering an apparent clerical error, the state agency shall contact the contractor and request clarification of the intended SOW response. The correction shall be incorporated in the notice of award. Examples of apparent clerical errors are: 1) misplacement of a decimal point; and 2) obvious mistake in designation of unit.

The state agency may not conduct competitive negotiations during the evaluation of the SOW responses or after award of the SOW. In the event all SOW responses fail to meet the requirements of the SOW, the state agency shall cancel the SOW and, if still desired, issue a new SOW with revised specifications.

Cost Proposal Evaluation: The state agency will evaluate the cost proposal in accordance with cost analysis calculation stated in the SOW request to arrive at the cost points for each SOW response received.

Technical Proposal Evaluation: The state agency will evaluate the technical proposal in accordance with the established evaluation criteria stated in the SOW request. The state agency will provide justification for the score given for each element of the evaluation criteria.

Participation Evaluation – In order to be eligible to receive bonus points for Organizations for the Blind and Sheltered Workshop Participation and Missouri Service-Disabled Veteran Business Enterprise Participation, in an individual SOW, the contractor must propose at least same or greater B/SW or SDVE participation as originally proposed in the contractor’s awarded proposal submitted in response to STATE 0000000533SL. However, if the contractor proposes less in an SOW response than what was originally awarded to the contractor in STATE 0000000533SL, the vendor will not receive B/SW or SDVE point consideration for the SOW since the participation does not align with the B/SW or SDVE participation awarded with their original evaluation. Additionally, if the contractor’s awarded response did not include B/SW or SDVE participation commitments, then the contractor shall not be eligible for evaluation points in the evaluation of the SOW response.

For each SOW response, the state agency shall total (1) the Cost Proposal points, (2) the Technical Proposal evaluation scores, and (3) any bonus points for Organizations for the Blind and Sheltered Workshop Participation and Missouri Service-Disabled Veteran Business Enterprise Participation. The contractor with the highest total combined points shall be considered the “lowest and best” SOW response and awarded the specific project; however, the state agency shall have the right to reject all responses and not make an award.

The state agency will document in writing their evaluation justification regarding their award determination of the “lowest and best” SOW at the time each SOW project is awarded. Such documentation shall be considered an open record.

Approval and Award of SOW Response: The state agency will indicate acceptance of the highest-scored SOW response by signing and dating that SOW response. The state agency’s designated personnel (1) must retain one signed copy of the awarded SOW response; (2) must forward a copy of the awarded SOW response to the end using state agency; and (3) must send one copy of the awarded SOW response to the awarded contractor. The state agency will inform all responding contractors as to who received the award on the same day as the awarded contractor was notified. In addition to the awarded QVL contract and the SOW Request, any attachments, amendments to the SOW Request, and the SOW response document are considered part of any awarded SOW under the contract.

An approved awarded SOW alone does not constitute an authorization to proceed with project work. The contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the state agency. Project work shall include the contractor’s completion of the tasks identified in the awarded SOW.

Additional SOW Requirements:

Implementation/Execution of SOW: After receipt of the state agency’s written acceptance of the SOW request and authorization to proceed (in the form of a purchase order or other written document authorizing the contractor to proceed with services that is in addition to the SOW acceptance), the contractor shall perform the services required in accordance with the SOW accepted by the state agency. Unless otherwise specified in the SOW, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services.

SOW Point of Contact: The contractor must function as the single point of contact for the state agency, regardless of any subcontract arrangements for the awarded SOW. This shall include assuming responsibility and liabilities for services provided. By no later than five (5) business days after the state agency authorizes the contractor to proceed with the SOW project, the contractor must provide the state agency with the name, address, and phone number of a person within the contractor’s organization who shall serve as the contractor’s point of contact for the project.

Modifications to Awarded SOW: After award of a SOW, if the state agency determines that minor modifications within the intent of the SOW are necessary or desired, the state agency will document the requested changes to the contractor. Based on the written instructions provided by the state agency, the contractor must revise the SOW according to the requirements for the SOW submission specified herein, including any resulting changes in the timeline, amount to be paid to the contractor, etc.

Any requested changes must still be within the intent and scope of the original SOW and the contract.

The contractor shall not proceed with implementation of services related to the revised SOW until final written approval and authorization to proceed is obtained from the state agency.

a. Any changes to the SOW, after the state’s acceptance of the SOW, must be formalized in writing as an official revision to the awarded SOW. The format of SOW revisions shall be consistent with the format of the awarded SOW as outlined above, including the retention of the original by ITSD for consolidated agencies and responsible state agency for non-consolidated agencies, and distribution of a copy to the contractor.

Termination of SOW:

b. The state agency reserves the right to terminate any work assignment (under a SOW as outlined herein) at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least (10) ten calendar days prior to the effective date of such termination. In the event of termination pursuant to this paragraph, all documents, data, reports, supplies, and accomplishments prepared, furnished, or completed by the contractor pursuant to the terms of the contract shall, at the option of the state agency, become the property of the State of Missouri. The contractor shall be entitled to receive compensation for service deliverables delivered to and accepted by the state agency for the SOW prior to the effective date of termination. The state agency shall not make payment for deliverables that have not been accepted by the state agency for the SOW prior to the effective date of termination.

c. If state and/or federal funds are not appropriated, continued, or available at a sufficient level to fund this contract or agreement, or in the event of a change in federal or state law relevant to this contract or agreement, the obligations of each party may, at the sole discretion of the State of Missouri, be terminated in whole or in part, effective immediately or as determined by the State of Missouri, upon written notice to the Contractor from the State of Missouri.

1.1.2 SOW Cancellation for Cause:

a. The state agency reserves the right to cancel the SOW(s) at any time, for cause (hereinafter referred to as breach), without penalty or recourse and with no prior notice to the contractor. At its sole discretion, the state agency may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The state may specify that the actual cure be completed within no more than 10 working days from notification, or at a minimum that the contractor must provide the state agency within five (5) working days from notification a written plan detailing how the contractor intends to cure the breach and detailing the timeframe for the proposed cure. The state shall have the right to reject all proposed cures.

b. If the contractor fails to cure the breach or if circumstances demand immediate action, the state agency will issue a notice of cancellation terminating the SOW immediately. If it is determined the state agency improperly cancelled the SOW, such cancellation shall be deemed a termination for convenience in accordance with the contract.

c. If the state agency cancels the SOW for breach, the state agency reserves the right to obtain the services to be provided pursuant to the SOW from other sources and upon such terms and in such manner as the state agency deems appropriate and charge the contractor for any additional costs incurred thereby.

d. Notwithstanding the provisions described herein, no provision in the SOW shall be construed, expressly or implied, as a waiver by the State of Missouri of any existing or future right and/or remedy available by law in the event of any claim by the State of Missouri of the contractor's default or breach of contract or termination of SOW(s).

e. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of cancellation and may be subject to damages as defined in this RFP and in the SOW(s).

Personnel Requirements:

The contractor shall include the following team members/personnel to administer and perform the contract requirements:

Project Manager: The contractor must have a Project Manager for the services herein. The contractor’s Project Manager shall (1) oversee all services being provided, (2) assume responsibility and liability for services performed per the contract, (3) serve as the primary point of contact for the state agency and shall serve as the liaison between the contractor and the state agency. The contractor shall provide the state agency the name and contact information of the contractor’s Project Manager by no later than five (5) business days after authorization to proceed. Each Project Manager must have the following experience:

Five (5) years of experience with Oil and Gas plugging and remediation;

Meet the definition of an environmental professional per 40 CFR 312.10; and provide documentation of this certification; and

Successfully completed the plugging of at least ten (10) oil and/or gas wells.

Working Team: The contractor’s working team must minimally consist of enough personnel to sufficiently meet the needs of the services required herein. The Working Team may include, but is not limited to, Team Lead, Land Reclamation Expert, Geologist, Methane Analyst, Field Staff and Drone Operator.

The contractor’s Team Lead shall have five (5) years’ experience of oil and gas plugging and remediation.

The contractor’s Land Reclamation Expert must have five (5) years of land reclamation and remediation.

The contractor’s Geologist must be a Registered Geologist (RG) in the State of Missouri.

The contractor’s Methane Analyst shall have a high school diploma and shall have a minimum of one (1) year experience using ArcGIS Software to adequately collect and analyze geospatial data with ArcGIS applications.

The contractor’s Field Staff shall have a high school diploma, and a minimum of one (1) years’ experience using ArcGIS software. Field Staff should have sufficient knowledge to collect various geospatial data with accuracy of a minimum of a thousandth (0.001) of a decimal degree or equivalent, suitable for use in ArcGIS applications.

The contractor’s Drone Operator shall have a minimum of one (1) year experience as a drone operator and shall be unmanned aerial system (UAS) licensed. The contractor’s Drone Operator must follow the policy and procedure outlined at the following website: MoDNR Policy 3.13 Unmanned Aerial System Policy & Procedure | Missouri Department of Natural Resources.

i. The contractor’s Drone Operator must understand and agree to the contractor’s privacy policy at the time of award and follow the policy for the duration of the contract period(s). A copy of the contractor’s privacy policy must be provided to the state agency upon request.

The contractor shall understand and agree that the state agency reserves the right to request any of the contractor’s personnel assigned to provide the services be removed without just cause. The contractor shall understand and agree that the state agency will allow the contractor a reasonable time to find a replacement. The state agency shall approve all replacement personnel. The state agency reserves the right to require background checks and non-disclosure agreements (NDA) of selected contractor personnel, at the contractor’s expense.

Background Checks: Prior to providing services under the contract, the contractor must ensure personnel (including any third-party personnel) pass standard background checks equal to those required by the State of Missouri for employees, and if required by the state to address an audit, the contractor must attest whether all applicable employees passed background checks performed in accordance with the contractor’s standard background check process. The contractor shall be responsible for all costs associated with background checks. The state agency reserves the right to require the contractor to provide evidence of employees and all sub-contractors and their employees passing a background check. Link to MSHP Criminal Record Check website: https://www.machs.mo.gov/MACHSFP/home.html The standard background check shall be a nationwide fingerprint check through Missouri State Highway Patrol completed at a frequency determined by the state.

Performance Requirements:

The contractor shall provide the following, as awarded in the statement of work:

2. Remove oil and gas piping and infrastructure.

2. Monitor emissions of methane and other gases associated with orphaned wells before and after plugging activities.

2. Measure and track contamination of groundwater or surface water as applicable.

2. Remediate soil and restore land to near pre-drilling state.

2. Follow Missouri State Oil and Gas Council Regulation 10 CSR 50-2.060 for well plugging and reporting.

The contractor shall be able to provide the following:

Scouting that may include: drone surveying, methane detection, magnetic survey;

Site access and preparation that may include pre-work utility locating, land disturbance permits, land clearing and access road construction;

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