Full Delivery Projects to Provide Non-Riparian Wetland Mitigation Credits within the Cataloguing Unit 03030001 of the White Oak River Basin as described in the ...

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Request for Proposal #: 16-416900826 Full Delivery Projects to Provide Non-Riparian Wetland Mitigation Credits within the Cataloguing Unit 03030001 of the White Oak River Basin as described in the Scope of Work Date of Issue: May 27, 2022 Proposal Opening Date: October 18, 2022 At 02:00 PM ET Direct all inquiries concerning this RFP to: Brooke Wells NCCM Procurement Specialist II Email: Brooke.Wells@ncdenr.gov Phone: 919-707-8451 Ver: 11/2021 STATE OF NORTH CAROLINA Request for Proposal # 16-416900826 ______________________________________________________ For internal State agency processing, including tabulation of proposals, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the

procurement file is made available for public inspection. This page shall be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ___________________________________________________ Vendor Name ______________________________ Vendor eVP# Note: For your proposal to be considered, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login https://vendor.ncgov.com/vendor/login Ver: 11/2021 pg. 26 Refer ALL Inquiries regarding this RFP to: Brooke Wells Request for Proposal #: 16-416900826 Proposals will be publicly opened: October 18, 2022 Using Agency: Division of Mitigation Services Commodity No. and Description: 926-40 Ecological Services Requisition No.: N/A EXECUTION In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:  this proposal is submitted competitively and without collusion (G.S. 143-54),  none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and  it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that:  it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization. By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed from the Ariba Sourcing Tool. Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #12): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL: STATE OF NORTH CAROLINA Division of Mitigation Services Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 2 VALIDITY PERIOD Offer shall be valid for at least 60 days from date of bid opening, unless otherwise stated here: _180__ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If your proposal is accepted, all provisions of this RFP, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed. FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on The attached certification, by ____________________________________________________________________. (Authorized Representative of Department of Environmental Quality) Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 3 Contents 1.0 PURPOSE AND BACKGROUND ............................................................................................. 5 1.1 CONTRACT TERM .................................................................................................................. 5 2.0 GENERAL INFORMATION ....................................................................................................... 5 2.1 REQUEST FOR PROPOSAL DOCUMENT ............................................................................. 5 2.2 E-PROCUREMENT FEE ......................................................................................................... 5 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 5 2.4 RFP SCHEDULE ..................................................................................................................... 6 2.5 PRE-PROPOSAL CONFERENCE ........................................................................................... 6 2.6 PROPOSAL QUESTIONS ....................................................................................................... 6 2.7 PROPOSAL SUBMITTAL ....................................................................................................... 7 2.8 PROPOSAL CONTENTS ........................................................................................................ 7 2.9 IMPORTANT INFORMATION AND RESTRICTIONS ............................................................ 10 2.10 ALTERNATE BIDS ................................................................................................................ 10 2.11 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, AND MAPS ........ 11 2.12 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS .......................................................... 11 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS ..................................... 15 3.1 METHOD OF AWARD ........................................................................................................... 15 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION....... 15 3.3 PROPOSAL EVALUATION PROCESS ................................................................................. 15 3.4 EVALUATION CRITERIA ...................................................................................................... 16 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................. 17 3.6 INTERPRETATION OF TERMS AND PHRASES .................................................................. 17 4.0 REQUIREMENTS ................................................................................................................... 17 4.1 PRICING ................................................................................................................................ 18 4.2 DOWNWARD PAYMENT ADJUSTMENTS ........................................................................... 18 4.3 INVOICES .............................................................................................................................. 18 4.4 PAYMENT TERMS ................................................................................................................ 18 4.5 FINANCIAL STABILITY ........................................................................................................ 18 4.6 FINANCIAL ASSURANCE .................................................................................................... 19 4.7 HUB PARTICIPATION .......................................................................................................... 19 4.8 VENDOR EXPERIENCE ........................................................................................................ 19 4.9 REFERENCES ...................................................................................................................... 19 4.10 BACKGROUND CHECKS ..................................................................................................... 19 Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 4 4.11 PERSONNEL ......................................................................................................................... 20 4.12 VENDOR’S REPRESENTATIONS ........................................................................................ 20 5.0 SCOPE OF WORK ................................................................................................................. 20 5.1 GENERAL ............................................................................................................................. 20 5.2 OBJECTIVES ........................................................................................................................ 21 5.3 TASKS................................................................................................................................... 21 5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE ............................................ 23 5.5 ACCEPTANCE OF WORK .................................................................................................... 24 6.0 CONTRACT ADMINISTRATION............................................................................................. 24 6.1 CONTRACT ADMINISTRATOR ............................................................................................ 24 6.2 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 24 6.3 CONTINUOUS IMPROVEMENT ............................................................................................ 24 6.4 DISPUTE RESOLUTION ....................................................................................................... 24 6.5 CONTRACT CHANGES ........................................................................................................ 24 6.6 ATTACHMENTS .................................................................................................................... 25 ATTACHMENT H............................................................................................................26 Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 5 1.0 PURPOSE AND BACKGROUND The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state’s water resources. This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. This RFP is not an offer for a Contract, nor does the Department’s acceptance of any Technical/Cost Proposal guarantee a Contract with the Department. The Department reserves the right to reject any or all proposals deemed not to be in the best interest of the State of North Carolina. The intent of this solicitation is to award an Agency Specific Contract. 1.1 CONTRACT TERM The Contract shall have an initial term of ten (10) years, beginning on the date of final Contract execution (the “Effective Date”). The contract term shall run from November 2022 October May 2032. The Vendor shall begin work under the Contract within seven (7) business days of the Effective Date. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference. 2.2 E-PROCUREMENT FEE ATTENTION: This is an NC eProcurement solicitation facilitated by the Ariba Network. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions. General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/. What is the Ariba Network? The Ariba Network is a web-based platform that serves as a connection point for buyers and vendors. Vendors can log in to the Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing Events, and collaborate with buyers on contract documents. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: http://eprocurement.nc.gov/training/vendor-training. 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question-and-answer period. Other than through this Q and A process or negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that http://eprocurement.nc.gov/ Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 6 purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above). By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive. The State may exercise its discretion to consider Vendor proposed modifications. 2.4 RFP SCHEDULE The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP State May 27, 2022 by 5:00 PM ET Virtual, Urged & Cautioned Pre-Bid State June 27, 2022 at 11:00 AM ET Submit Written Questions Vendor July 19, 2022 by 2:00 PM ET Submit Proposals Vendor October 18, 2022 by 2:00 PM ET Contract Award State TBD Contract Effective Date State TBD 2.5 PRE-PROPOSAL CONFERENCE VIRTUAL Urged and Cautioned Pre-Bid Conference Date: June 27, 2022 Time: 11:00 AM Eastern Time Location: Microsoft TEAMS Contact #: 919-707-8451 Instructions: Vendor representatives are URGED and CAUTIONED to attend the virtual pre-bid conference and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this RFP. A virtual, non-mandatory pre-bid conference is scheduled for this RFP. Submission of a proposal shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent Vendor would recognize as affecting the performance of the work called for in this RFP. Vendor representatives may request an invitation to the pre-bid by submitting an e-mail to Brooke.Wells@ncdenr.gov on or before the pre-bid date specified above. Vendors should enter “RFP # 16-416900826: Request to Attend Virtual Pre-bid” as the subject line for the email. Vendor attendance will be limited to two (2) representatives. An email invitation to a Microsoft TEAMS meeting will be sent to the email address(es) provided. (MS TEAMS is an online communication tool which allows a virtual meeting setting to share information. The app is approved by the NC DEQ Division of Information Technology (IT) and there is no purchase required for download and use.) Attendees are reminded to enter the MS TEAMS with camera selected to the off position, and microphone muted. It is up to the vendor to check their internet connection ahead of time as DMS will not be responsible for any connection issues vendors may experience during the conference. DMS will provide attendees with a brief instructional overview for navigational guidance. Vendor is cautioned that any information released to attendees during the pre-bid conference, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed by written addendum before it can be a part of this RFP and any resulting contract. 2.6 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum. mailto:Brooke.Wells@ncdenr.gov Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 7 Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the RFP SCHEDULE Section of this RFP. Vendors will enter “RFP # 16-416900826: Questions” as the subject of the message. Question submittals should include a reference to the applicable RFP section. This is the only way questions will be received. Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to 5:00 PM ET. Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool in the form of an addendum and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP. 2.7 PROPOSAL SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. Failure to submit a proposal in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s proposal(s). Solicitation responses are subject to Sealed Bidding requirements. Vendor’s proposals for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST. Tips for Using the Sourcing Tool 1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk. 2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response. 3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted. 4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State. Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted. 2.8 PROPOSAL CONTENTS Vendors shall provide responses to all questions and complete all attachments for this RFP that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s proposal, in the State’s sole discretion. Vendor shall include the following items and attachments in the Sourcing Tool: https://eprocurement.nc.gov/training/vendor-training Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 8 a) Completed and signed version of ATTACHMENT A: PRICING (each pricing PDF needs to be uploaded as a separate attachment in the Sourcing Tool – more information will be found in section 5 of the Sourcing Tool) b) Vendor’s Response including: 1. Cover Letter, must include a statement that confirms that the proposer has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP. 2. Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number. 3. Completed and signed version of all EXECUTION PAGES, and signed receipt pages of any ADDENDA released in conjunction with this RFP (ONLY if addenda are required to be returned). 4. Executive Summary: The executive summary shall consist of highlights of the general contents of the proposal and shall clearly state the anticipated mitigation type and number of credits proposed. If the Vendor is proposing multiple mitigation options, each option shall be specifically described in this section. (Submitted Mitigation credits as stated in the Executive Summary shall match the credit tables shown in the Technical approach section of the submittal. This credit total also shall match the amount on the Sealed Bid Proposal (attachment A). 5. Project Staffing and Organization: This section must include the proposed staffing, deployment, and organization of personnel to be assigned to this project. The offeror shall provide information as to the qualifications and experience of all professional personnel to be assigned to this project, related experience with similar projects and the responsibilities to be assigned to each person. 6. Technical Approach: This section shall include and be completed in the following sequence: • Project Goals and Objectives- Specifically describe how the proposed project will address DMS watershed planning goals, identified in the River Basin Restoration Plan (RBRP), Targeted Resource Areas (TRAs) identified in the RFP map, and/or any applicable Regional or Local Watershed Plans. The proposal should identify plans applicable to the project area and should document the objectives that will be used to accomplish watershed planning goals. Unless otherwise specified in the RFP, the proposed ecological benefits and functional uplift the project could provide may be determined at the discretion of the Vendor. If a proposed site addresses more than one of the watershed goals, it will be taken into consideration in the site rating. • RBRPs can be found at: https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed- planning-documents (searchable by river basin) • Project Description- Provide a detailed description of the project including, but not limited to a description of the site in its existing condition; watershed (including County and 14-digit Hydrologic Unit) and its condition; soils and geology; anticipated cultural resources, protected species issues, and known site constraints (i.e., other easements, crossings, site access, etc.). Note: due to concerns regarding waterfowl attraction in the vicinity of air transport facilities, the project description must include a site location map that identifies any air transport facility located within 5 miles of the project site. The presence of an air transport facility will not exclude the proposal from consideration. – The proposal shall include a map(s) with topographic background that includes mapping of proposed mitigation areas (Restoration, Enhancement, etc.) • Project Development – Describe in detail the means by which the proposed changes will be made. Describe in detail reasons for the anticipated activities and why these activities are warranted to the level proposed. Clearly state the anticipated ecological uplift for each activity on the project. The project development description must include: – A general description for all stream crossings, fords, roads etc. The description must include the location, width, and type of crossing (ford, culvert, bridge etc.). Crossings that utilize bridges and/or culverts with fencing that permanently prevent livestock access both upstream and downstream of the crossing (so that livestock exclusion is not dependent on the use of gates) provide better protection of the riparian area, and possibly gaining more points on the Technical Proposal Scoresheet. • Proposed Mitigation - Provide a description of the mitigation credits proposed. Include an explanation https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 9 of how the proposed credits were derived and a table of anticipated mitigation credits. The table shall include a total for each type of mitigation (i.e., restoration, etc.) being offered. If multiple options are proposed, a table for each option shall be provided. If using wider buffers or benthic or water quality to justify additional credits, provide methodology, tables, maps and/or calculations to justify those credits. Mitigation credits shall match information provided in the sealed cost sheets (Appendix A: Pricing). • Current Ownership and Long-Term Protection - Identify the ownership of all parcels which will be affected by the project. Include the landowners name and parcel number and the proposed method for providing long term protection of the mitigation site. The long-term protection may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state, or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. – In this section of the technical proposal, it should be clearly stated that conveyance of a conservation easement to the State is the method that will be used to provide long term protection of the mitigation site. – A signed, witnessed option agreement valid for a period of at least one year from the closing date of this RFP, and recorded in the applicable County(ies) or other suitable documentation of real property interest must be provided for each parcel. • Project Phasing – Provide a complete schedule for completing the tasks for the project as identified in this RFP. Describe methods for completing these tasks. The proposed schedule must be based on completion of the project. Proposed schedules shall include either five (5) year monitoring period within an eight (8) year contract, or seven (7) year monitoring period within a ten (10) year contract period, as applicable. The proposed schedule should be based on the number of months (from contract issuance) needed to complete each of the tasks listed in the scope of work. • Success Criteria – Identify specific performance standards that are anticipated to be utilized to measure success of the project. The success criteria must be directly related to the anticipated ecological uplift identified in paragraph Project Development above. • Quality Control – This section shall describe the Vendor’s quality control program and other procedures that will be used to ensure: 1) each deliverable is submitted in accordance with the schedule established in the technical proposal, it follows the format(s) established by NCDMS, it contains all required information, and is grammatically/typographically correct; and 2) sufficient oversight is provided during the construction/planting phase so that the project is completed on schedule and is in compliance with any required federal, state or local permit(s). 8. Completed and signed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION 9. Completed and signed version of ATTACHMENT E: SUPPLEMENTAL VENDOR INFORMATION 10. Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR 11. Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION 12. Completed version of TECHNICAL SCORESHEET (optional) Attachments D-G will all be downloaded from section 6 of the Sourcing tool and uploaded in the above order as part of your “vendor’s response” – combined as one PDF. Maps diagrams, and/or photographs may be used to supplement the text and may be printed on one side. However, the Technical Proposal should not exceed a total of 50 pages printed front to back (100-page limit). Photographs, maps, and diagrams will count toward the 100 pages. DMS DOES NOT need the entire blank RFP included in your proposal. If a technical proposal does not meet all the Department’s requirements, it will be rejected, and the corresponding sealed cost proposal will not be opened. c) Submit the boundaries of the proposed project as an additional attachment to section 6.1 of the Sourcing Tool (where you are uploading your PDF technical proposal). The boundary can be the proposed easement(s) or the general project area. NCDMS expects the submitted file to closely match the project area(s) shown in the project proposal Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 10 location map. The file representing the proposed project boundaries must: 1) Consist of an ArcMap multipart polygon format (.shp or geodatabase); 2) Project in the State Plane Coordinate System (NAD 83) using a base unit of meters or feet; 3) Include the *.prj file holding the coordinate system information; 4) Adhere to the following convention within the attribute table. Each record represents a single boundary configuration in its entirety as proposed for consideration. If more than one boundary configuration is proposed, a separate and discrete record is required. Each record must have the following attribute information: Vendor name; Site_Name (as named in proposal); Configuration/Option (as named in proposal); Project_Type (Stream, Wetland, Buffer, or Combination); Coordinate_System (SP Meters or SP Feet) 2.9 IMPORTANT INFORMATION AND RESTRICTIONS a) The DMS recognizes that a Vendor(s) might not be able to find one site that provides the total amount of mitigation requested for the cataloging unit listed above. Therefore, proposals may be submitted in any of the following categories:  One or more sites providing all the requested mitigation credits; or  One or more sites providing a portion of the requested mitigation credits. b) Unless the Vendor states in both the cover letter and the Executive Summary of the technical proposal that multiple mitigation options are being offered for a site, and specifically describes each option, the Department shall only consider the full proposal amount and will not extend an offer to contract for less than the full amount indicated in the proposal. c) Proposals will NOT be accepted using the following types of sites: 1. Property purchased with Clean Water Management Trust Fund monies 2. Property that is enrolled in the Conservation Reserve Enhancement Program, Conservation Reserve Program, Wetlands Reserve Program, or any other state or federal program that provides funds for any of the tasks outlined in this RFP 3. Property that has been used for compensatory mitigation under Section 404 and/or 401 of the Clean Water Act 4. Properties that are in the control of the State or currently in negotiation for compensatory mitigation needs by any state agency 5. Properties that are controlled by any federal agency 6. Properties that have been timbered, filled, or manipulated (stream channel dredging or channel re- alignment) in violation of federal or state rules or statutes. d) Please note that the State of North Carolina will NOT accept fee simple title to any property as a result of this RFP. As stated in the TASKS Section, long-term protection of the selected properties must be provided by a conservation easement held by the State of North Carolina. 2.10 ALTERNATE BIDS The Sourcing Tool is set up to only allow one (1) bid per Vendor (per eVP number), however a Vendor may submit “alternate bids” for any subsequent sites they have to offer all within their one (1) bid. Alternate bid(s) must specifically identify all the RFP requirements required in “Proposal Contents” above. If a Vendor chooses to respond with more than one (1) site, Vendor shall follow the specific instructions for uploading Alternate Bids in section 6.6 in the Sourcing Tool. Each bid must be for a separate site and must include a separate Attachment A: Pricing form (to be uploaded separately in section 5.1 in the Sourcing Tool). For example, if Acme Solutions (eVP #1234) has two sites they wish to submit they would log into the Sourcing Tool and complete all the necessary sections for the first site. Site #1 has 2 options and will have: Site #1, Option #1 pricing form uploaded to section 5.1, Site #1, Option #2 pricing form uploaded as a SEPARATE pdf also to Section 5.1, and Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 11 technical proposal pdf uploaded to sections 6.1 that cover both options for Site #1, all necessary shapefiles for Site #1 will also be uploaded as a separate, subsequent attachment (zip file) to section 6.1. Acme Solutions (eVP#1234) now has a second site they want to submit with 3 options. Site #2 will have: three (3) separate pricing forms uploaded to section 5.2 as separate/subsequent attachments and a compressed zip file uploaded to section 6.6 containing all the necessary RFP requirements. Clear and precise labeling is crucial to success. 2.11 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, AND MAPS The latest required report templates, technical scoresheets, target watersheds and mapping applicable to this RFP are found at: https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/templates-guidelines-tools-projects 2.12 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found in the Sourcing Tool, which are incorporated herein by this reference. The following definitions, acronyms, and abbreviations are also relevant to this RFP: Adjusted Credit Cost – The Credit Cost of a Site divided by the Proposal Rating; units are Dollars per Wetland Mitigation Credit, Stream Mitigation credits, Buffer Mitigation credits, or Nutrient Offset Credits. Agencies – The regulatory and advisory units of the state and federal government in North Carolina which are involved in permitting and/or commenting on proposed activities in wetlands, streams, or riparian areas and in approving and/or commenting on proposed compensatory wetland, stream, riparian buffer, or nutrient offset mitigation. As-Built Drawings – Scale drawings depicting the final configuration, dimensions, and locations of all pertinent features of a Site after all implementation activities have been completed. Baseline Monitoring Document – A written document, supplemented with graphics that describes in detail the implemented mitigation site, the goals established for the project, how it was implemented, how it will be monitored, the amount of mitigation credits the project will generate, and the criteria by which its success will be determined. Cataloging Unit (“CU”) – A geographic area representing part or all of a River Basin and identified by an 8-digit number as depicted on the “Hydrologic Unit Map – 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey”. Categorical Exclusion – Categories of actions that do not individually or cumulatively have a significant effect on the human or natural environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required. The Categorical Exclusion will be satisfied by completing the Categorical Exclusion Action Form and Document. The Categorical Exclusion must be approved by the Federal Highway Administration (FHWA). Coastal Wetland – As defined in North Carolina General Statute 113-229(n)(3) and described in the CAMA Handbook for Development in Coastal North Carolina – Section 2(A)(4). Conservation Easement – A restriction that landowners voluntarily place on specified uses of their property to protect its natural, productive, or cultural features. It is recorded as a written legal agreement between the landowner and the “holder” of the easement. The State of North Carolina must receive from the landowner a conservation easement as prepared and facilitated by the full delivery provider for all NC Division of Mitigation Services full delivery projects. Credit – A unit of measure (e.g., a functional or a real measure or other suitable metric) representing the accrual or attainment of aquatic functions at a compensatory mitigation site, as approved by the regulatory agencies. The measure of aquatic functions is based on the resources restored (rehabilitated), established, enhanced, or preserved. Credit Cost – Total bid cost divided by the number of offered credits for each type of mitigation. https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/templates-guidelines-tools-projects Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 12 Credit Release Schedule - The timeline established for the periodic release of mitigation credits based upon the successful implementation of the approved Mitigation Plan, including construction and post-construction monitoring. Department – The North Carolina Department of Environmental Quality (NCDEQ) Division of Financial Services – Contracting arm of NCDEQ. Division of Water Resources-Division in NCDEQ that is responsible for state water quality regulations. DOA/P&C – The North Carolina Department of Administration, Division of Purchase and Contract. Financial Assurance – Financial security assuring the ability of the provider to deliver the contracted for mitigation credits. Financial Assurance must be provided through Performance Bonds, Letters of Credit or Casualty Insurance. Hydrologic Unit (“HU”) – A geographic area representing a portion of a Cataloging Unit as depicted on the “Hydrologic Unit Map – 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey,” and identified by a 14-digit number. Interagency Review Team (IRT) – A group of federal, tribal, state, and/or local regulatory and resource agency representatives that review documentation for and advises the USACE district engineer on the establishment and management of a stream and/or wetland mitigation bank or an in-lieu fee program. Intermittent Stream – A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by storm water runoff. An intermittent stream should score at least 19 points using the NC Division of Water Quality Classification Manual, Version 4.11, 2010, effective September 1, 2010. Jurisdictional Wetland - A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation Manual. Local Watershed Plan (LWP) – an NCDMS watershed plan that is conducted in specific priority areas (typically one or more 12-digit Hydrologic Units) where NCDMS and the local community have identified a need to address critical watershed issues. Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify projects and management strategies to restore, enhance and protect local watershed resources. LWPs can be found by County or River Basin at: https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents Long Term Protection – as defined in the Federal Code of Regulations (Federal Register/Vol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations – Section 332.7 Management, the Long Term Protection of a mitigation site may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. The use of conservation easements and/or restrictive covenants must receive prior approval by the United States Army Corps of Engineers (USACE) – District Engineer. As noted in the Federal Code of Regulations, the USACE District Engineer shall consider relevant legal constraints on the use of conservation easements and/or restrictive covenants in determining whether such mechanisms provide sufficient protection. Mitigation Plan – A written document, supplemented with graphics, which describes: the existing site conditions, the goals and objectives of the project and other pertinent information. The Mitigation Plan is developed and submitted prior to the implementation of the project. Monitoring Report – A written document, supplemented with graphics due on December 1st of each year during the monitoring period following the completion of construction. This report contains results of the measured success criteria as defined in the Baseline Monitoring Document. NCDMS – The North Carolina Division of Mitigation Services. Non-Riparian Wetland – An area underlain with hydric soils that is NOT located in a geomorphic floodplain or natural crenulation and NOT contiguous to natural lakes greater than 20 acres in size or artificial impoundments. Non-Riparian Wetlands are typically found on flats in interstream divides (pocosins), side slopes (seeps), and in https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 13 depressions surrounded by uplands (mafic depressions, lime sinks and Carolina Bays). The hydrology of non- riparian wetlands is driven by precipitation and is characterized by groundwater being at or near the surface for much of the year. Must meet US Army Corps of Engineers wetlands definition (33 CFR 328.3(b)). Opening Date – The location, date, and time that the Sealed Technical Proposal and Sealed Cost Proposal must be delivered to NCDMS. Proposals will not be accepted by NCDMS after the opening date/time. Perennial Stream – A well-defined channel that contains water year-round during a year of normal rainfall, with the aquatic bed located below the water table for most of the year. A perennial stream should score at least 30 points using the NC Division of Water Quality Stream Classification Manual, Version 4.11, 2010, effective September 1, 2010. Preliminary Findings Report – An NCDMS report that is developed during the Local Watershed Planning process that contains an evaluation of available data sources and an initial determination of watershed conditions; identifies data gaps; and includes a plan for a detailed evaluation of the watershed and its water quality, habitat, and hydrologic functions. Project Area – For the purposes of this RFP, project area is defined as the area within the proposed conservation easement for the project. Project Milestones – A deliverable, such as a document or completed action that signifies that the endo of a task in the Scope of Service. Property– A Site may be comprised of one or more pieces of real Property owned by one or more individual. Proposal – The response to the RFP from an interested Vendor consisting of a signed Sealed Cost Proposal and a Sealed Technical Proposal. Proposed Project - a site that is in a pre-construction state and that is not associated with, or a part of, an approved (signed, fully executed) Mitigation Banking Instrument by the closing date of this RFP. Proposal Rating (“PR”) – A value (number) that is calculated for each Proposal based upon the evaluation of the Proposal by the PRC. The PR is established by dividing the points scored by the total amount of potential points. Proposal Review Committee (“PRC”) - A committee established by the NCDMS to review and evaluate each Proposal received and to make recommendations to the NCDMS Director and Procurement Manager. Release of Credits – means a determination by the USACE district engineer in consultation with the IRT, that credits associated with an approved mitigation plan are available for sale or transfer as defined under the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (Federal Register April 10, 2008, Volume 70, Number 73, pp 19594-19705). DWR provides determinations related to riparian buffer and nutrient offset credits. Regional Watershed Plan (RWP) – an NCDMS watershed plan that is conducted in specific priority areas (typically several 12-digit Hydrologic Units) where NCDMS has identified a need to address critical watershed issues. Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify management strategies to restore, enhance and protect local watershed resources. RWPs can be found by County or River Basin at: https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents Riparian Buffer Mitigation Credit- The unit of measurement of the extent of riparian buffer mitigation being offered in a Proposal. Riparian Wetlands – An area that is underlain with hydric soils and located within a geomorphic floodplain or natural crenulation, or contiguous with NATURAL water bodies greater than 20 acres in size. River Basin – The largest category of surface water drainage; there are seventeen (17) river basins in North Carolina. https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 14 River Basin Restoration Priorities - A planning document prepared by the NCDMS that targets specific watersheds (TLWs and TRAs) with descriptions of existing degradation and protection needs for restoration project implementation. Scope of Services – All services, actions, and physical work required by the Department to achieve the purpose and objectives defined in the RFP; such services may include the furnishing of all required labor, equipment, supplies and materials except as specifically stated. Sealed Cost Proposal – The completed Sealed Cost Proposal form included in the RFP signed by the Vendor specifying the total compensation requested for the performance of the specified scope of services as defined by the RFP. If more than one Site is proposed, a separate Sealed Cost Proposal must be submitted for each Site. If the Vendor is willing to offer multiple options (i.e., different quantities of mitigation at different credit costs) for one proposed site, a separate Cost Proposal must be submitted for each option offered. Service Area – 1) A geographic area where mitigation credits from a mitigation site can generally be utilized to satisfy permit requirements. 2) A geographic area where a mitigation requirement can be satisfied. Site – Property or properties identified by a Vendor in a Proposal as having potential to provide either wetland, stream, buffer, or nutrient offset mitigation. A proposed project shall describe mitigation activities that occur on a single property parcel, or which occur on multiple property parcels. Project proposals shall demonstrate hydrologic connectivity and/or habitat continuity such that the functional relationships between the project components, encompassed within each parcel is evident. DMS shall have the sole discretion to determine whether the project components have sufficient hydrologic connectivity and/or habitat continuity to be considered in a single project proposal. Stream Mitigation Credit – The unit of measurement of the extent of stream mitigation being offered in a Proposal. Targeted Local Watershed (TLW) – A 14-digit Hydrologic Unit identified as a targeted area in the RBRP. In past planning efforts, these watersheds were identified because they may have had environmental characteristics that could be improved through restoration projects. TLWs have been replaced by TRAs. Targeted Resource Area (TRA) – Natural geographic grouping (cluster) of NHD-Plus catchments with high predicted uplift potential for one or more functions (hydrology, water quality, habitat); replace TLWs as the basic priority unit in the updated RBRP methodology. TRAs have defined boundaries based on an area of influence or an area of habitat extent NOT necessarily defined by a watershed boundary. Technical Proposal – One of the two parts of the Proposal which contains a technical description of the proposed mitigation. USACE – United States Army Corps of Engineers, Regulatory Branch, Wilmington District USGS – United States Geological Survey. Wetland Enhancement - means the manipulation of the physical, chemical, and biological characteristics of a site to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s) but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Wetland Preservation - means the removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes those activities normally associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain in aquatic resource area or functions. Wetland Restoration - means the manipulation of the physical, chemical, and biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. Wetland restoration is divided into two categories: Re-establishment and Rehabilitation. See definition of Wetland Re-establishment and Wetland Rehabilitation. Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 15 Wetland Re-establishment – means the manipulation of the physical, chemical, and biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and function. Wetland Rehabilitation – means the manipulation of the physical, chemical, and biological characteristics of a site with the goal of returning most, if not all the natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function but does not result in a gain in aquatic resource area. Wetland Mitigation Credit – The unit of measurement of the extent of wetland mitigation being offered in a Proposal. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below. The NCDMS Procurement Manager and the Director, will analyze the ranked sites, determine the proposal selections, and submit recommendations to the DEPARTMENT’S Purchasing Director and General Council in accordance with the Special Delegation Agreement made pursuant to G.S. 143-53 and 01 NCAC 05B .1603 between Division of Purchase and Services and DEQ, for approval. The following information will be considered:  adjusted credit cost  credit cost  available funds  mitigation needs at the time of selection  the best interest of the State of North Carolina While the intent of this RFP is to award a Contract(s) to a single Vendor, the State reserves the right to make separate awards to different Vendors for one or more line-items, to not award one or more line-items or to cancel this RFP in its entirety without awarding a Contract if it is considered to be most advantageous to the State to do so. The State reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph of the Instructions to Vendors entitled Confidential Information. 3.3 PROPOSAL EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct a Two-Step evaluation of Proposals: Proposals will be received from each Vendor as two separate volumes - the Technical Proposal and the Cost Proposal. Both proposals (Technical and Cost) shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered. NOTE: No technical information shall be contained in the cost proposal. No cost information shall be contained in the technical proposal. Inclusion of any cost information in the technical proposal and/or any technical information in the cost proposal shall constitute sufficient grounds to reject Vendor’s proposal. Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 16 All proposals must be received by the issuing agency not later than the date and time specified in the RFP SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for proposals, not a request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. At that date and time, the package containing the technical proposals from each responding firm will be publicly opened and the name of each Vendor announced publicly via TEAMS. Vendor representatives may request an invitation to the opening by submitting an e-mail to Brooke.Wells@ncdenr.gov on or before the opening date specified above. Vendors should enter “RFP # 16-416900826: Request to Attend Virtual Opening” as the subject line for the email. Vendor attendance will be limited to two (2) representatives. An email invitation to a Microsoft TEAMS meeting will be sent to the email address(es) provided. (MS TEAMS is an online communication tool which allows a virtual meeting setting to share information. The app is approved by the NC DEQ Division of Information Technology (IT) and there is no purchase required for download and use.) Attendees are reminded to enter the MS TEAMS with camera selected to the off position, and microphone muted. It is up to the vendor to check their internet connection ahead of time as DMS will not be responsible for any connection issues vendors may experience during the conference. A notation will also be made whether a separate sealed cost proposal has been received. Cost proposals will be placed in safekeeping until opened at a later date. Upon completion of the technical evaluation, the cost proposals of those Vendors whose technical proposals have been deemed acceptable will be publicly opened. The total cost offered by each Vendor will be tabulated and become a matter of public record. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their sole option, the evaluators may request oral presentations or discussions with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed section 3.4 EVALUATION CRITERIA, below. Upon completion of the evaluation process, the State will make award(s) based on the evaluation and post the award(s) under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State. The State reserves the right to negotiate with one or more vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State. 3.4 EVALUATION CRITERIA In addition to the general criteria in G.S. 143-52 which may or may not be relevant to this RFP, all qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to the State. A proposal may be rejected during any phase of review if DMS staff determines that the proposal has not provided the requested information in the specified format, has determined that the firm is not qualified to perform the services, and/or if it has been determined that the proposal cannot provide the mitigation indicated in the proposal. Each proposal will be reviewed and assigned a proposal rating prior to opening any cost proposal. Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the offer or and its staff, and cost. Specific evaluation criteria are listed below: mailto:Brooke.Wells@ncdenr.gov Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 17 Technical a) Technical Proposals will be reviewed for length, format requirements and qualifications of firm and project approach by the Contract Administrator and Purchasing Agent. Only vendors who meet these initial qualifications will move forward. b) Upon completion of the initial review, a field review and evaluation of the proposed site will be conducted by the PRC. c) Each Vendor will be scored based on the Technical Scoresheet. Price a) Sealed cost proposals for all proposals still under consideration will be opened and tabulated. b) The adjusted credit cost is a combined technical and cost measure and used for ranking sites. This is a best value determination by NCDMS after evaluating all factors in the technical proposal and then evaluating the cost proposal. The adjusted credit cost will be calculated and determined using the following formula: Credit Cost ÷ Proposal Rating (Technical Score) 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT G: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State’s business requirements and internal operational culture g) Particular risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This RFP serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFP. Except as specifically stated in the RFP, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged to submit these items in the form of a question during the question-and-answer period in accordance with the Proposal Questions Section above. Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 18 4.1 PRICING Proposal price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Download, Complete ATTACHMENT A: PRICING FORM and upload in the Sourcing Tool. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract. 4.2 DOWNWARD PAYMENT ADJUSTMENTS Payment by the Department will be based on the number of credits the vendor is able to provide at the credit price first established by the cost proposal pursuant to the proposal review process and credits identified in the technical proposal. To ensure that the Department does not overpay at the end of the process, periodic adjustments may be made so that the final total payment equals the final number of mitigation credits, as determined by the IRT and/or DWR as applicable, delivered by the vendor multiplied by the original per credit price. Payment adjustments may be made after the initial contract is executed based on the number of mitigation credits the project is anticipated to provide as documented after contract execution, including but not limited to: completion of the mitigation plan; site restoration (earthwork/planting), completion of the baseline monitoring document; the post construction monitoring period, and/or after final determination of mitigation credits by the IRT and/or DWR as applicable. 4.3 INVOICES Vendor shall invoice the Purchasing Agency as follows: a) Invoices are to be submitted to the NCDMS after its approval of each individual task/deliverable. b) The Vendor must follow the NCDMS Invoice Guidelines dated March 1, 2014. c) Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. d) Invoices must bear the correct contract number to ensure prompt payment. The Vendor’s failure to include the correct contract number may cause delay in payment. e) Invoices may either be submitted electronically to Debby.Davis@ncdenr.gov; or hardcopies may be submitted to the following address: NC Department of Environmental Quality Division of Mitigation Services Attn: Debby Davis 1652 Mail Service Center Raleigh, NC 27699-1652 4.4 PAYMENT TERMS The Vendor will be compensated at the rates quoted in the Vendor’s Cost Proposal (as per the Payment Schedule provided in Section 5.4). The Vendor will be paid net thirty (30) calendar days after the Vendor’s invoice is approved by the State. 4.5 FINANCIAL STABILITY As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Each Vendor shall certify it is financially stable by completing ATTACHMENT H: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability. mailto:Debby.Davis@ncdenr.gov Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 19 4.6 FINANCIAL ASSURANCE The vendor must provide financial assurance in one of the following forms: a) Performance Bonding- The vendor must provide security in the form of an acceptable performance bond as described in the following paragraph to guarantee delivery of the maximum number of originally contracted credits. The performance bond must be obtained from a company licensed in North Carolina as shown in the Federal Treasury Listing of Approved Sureties (Circular 570). The maximum allowable amount provided by a surety may not exceed the “underwriting limitation” for the surety as identified in the Federal Treasury Listing. Although this RFP is a request for mitigation and not construction, the performance bond shall follow the prescribed wording provided in N.C.G.S. § 44A-33. The performance bond must be for 55% of the total value of the contract and must be in effect and submitted with the Task 3 deliverable before DMS will authorize payment for that deliverable. The bond must remain in effect until the vendor has received written notification from the DMS that the requirements of Task 6 (submittal of baseline monitoring report) have been met (the financial assurance document must indicate that it is in effect through approval of task 6 by DMS and must include the NCDEQ contract number). After the successful completion of Task 6, the bond can be retired. b) Letters of Credit- LOCs must be drawn from a reputable bank identified by the FDIC as “Well Capitalized” or “Adequately Capitalized” and follow the submittal timing, contract amounts and schedules for reduction as those described above for the performance bonds. Evergreen or irrevocable LOCs shall be required to provide a 120-day notice of cancellation, termination, or non-renewal. c) Casualty Insurance- on underlying performance of credits of mitigation, must follow the same submittal timing, contract amounts and reduction schedules as those described above in performance bonds. The insurance must contain the following information: i. The “NCDEQ DMS,” the contract number and the Insured Property must be named in the insurance document. NCDEQ shall have the sole right to place a claim against the policy; ii. Casualty Insurance can be written effective for one year, but notice from the Vendor, stating that it is currently in the process of replacing the current policy, must be submitted to NCDMS at least one month before policy expiration date. 4.7 HUB PARTICIPATION Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this RFP will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete ATTACHMENT F: HUB SUPPLEMENTAL VENDOR INFORMATION. 4.8 VENDOR EXPERIENCE DMS reserves the right to request corporate background and experience, as needed. If requested, the vendor shall include background information on the organization and should give details of experience with similar public and/or private projects in size and complexity. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A list of references (including contact persons and telephone numbers) for whom similar work has been performed shall be included and the list shall include all similar contracts performed by the offeror in the past three years. The evaluators may check references sources to determine whether offeror has listed all contracts for similar work within the designated period. 4.9 REFERENCES The State reserves the right to request and verify references. Upon request, references must be submitted within three (3) business days. Failure to provide references will cause your proposal to be rejected. 4.10 BACKGROUND CHECKS Vendor and its personnel are required to provide or undergo background checks at Vendor’s expense prior to beginning work with the State. As part of Vendor background, the following details must be provided to the State: Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 20 a) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings; b) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none. Vendor’s response to these requests shall be considered a continuing representation, and Vendor’s failure to notify the State within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing Services under this Contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services under this Contract. 4.11 PERSONNEL Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed to incorporate any work by third party subcontractor(s). Should the Vendor’s proposal result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel. 4.12 VENDOR’S REPRESENTATIONS If Vendor’s Proposal results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables. 5.0 SCOPE OF WORK 5.1 GENERAL The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state’s water resources. This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 21 5.2 OBJECTIVES The Department desires to acquire Mitigation Credits quantified in the table below, and occurring in the Cataloging Unit 03030001 of the White Oak river basin (which can be found on the DMS website at the following link: https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/templates-guidelines-tools-projects Proposals can be submitted outside of the designated Targeted Resource Areas (TRAs); however, proposals that are within finalized DMS identified watershed planning areas and address specified watershed needs will be awarded additional points during the technical review process. RIVER BASIN CATALOGING UNIT(S) White Oak 03030001 Mitigation Type Requested Credits Thermal Regime Non-Riparian Wetland 10* *Preservation credits shall not exceed 10% of total credits. General Mitigation Information Wetland Mitigation: Information, including soil boring logs prepared by a Licensed Soil Scientist (LSS), must be provided in the technical proposal to demonstrate that areas proposed for restoration consist predominantly of hydric soils, and: 1. Are not currently jurisdictional wetlands as defined in the 1987 US Army Corps of Engineers Wetland Delineation Manual and USACE regional supplements, (Wetland Re-establishment). 2. Are degraded (poorly functioning) jurisdictional wetlands that have been drained or otherwise manipulated resulting in a significant loss of wetland function (Wetland Rehabilitation). Wetland Rehabilitation should restore most, if not all natural and/or historic functions to a degraded wetland. 3. Are degraded (poorly to moderately functioning) jurisdictional wetlands that have been manipulated resulting in a loss of wetland function (Wetland Enhancement) – Wetland Enhancement results in the gain of selected wetland function(s) but may also lead to a decline in other aquatic resource function(s). 5.3 TASKS Task deliverables must meet the latest required report templates described in Section 2.11. Deliverable quantity, format, and method of delivery are provided in Attachment H. Deliverables will not be approved without the strict adherence to the current version of the DMS formatting requirements for spatial data. The Vendor may elect to complete Task 3 (site specific Mitigation Plan), including the requirement for financial assurance (See FINANCIAL ASSURANCE section) prior to completion of Task 2. Task 1 Environmental and Project Screening: 1. Conduct an on-site meeting with DWR and DMS to discuss proposed mitigation plan and obtain concurrence on planned work and crediting. Document and distribute site visit through notes and receive approval via communication from DWR (e-mail or letter). 2. Follow procedure from most recent DMS and FHWA ‘Environmental Screening and Documentation Guidelines for DMS Projects’ for compliance with environmental laws and regulations. This screening tool and associated documentation must be reviewed and approved by DMS and FHWA to meet categorical exclusion requirements and demonstrate project will not have a significant environmental impact. 3. If applicable, provide a signed and dated DMS Full Delivery Landowner Authorization form prior to post- contract site visit in accordance with USACE requirements. 4. If applicable, satisfy the public notification process in accordance with USACE requirements. Task 2 Property: https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/templates-guidelines-tools-projects Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 22 Vendor will review and adhere to provisions in all applicable templates and guidance documents posted on DMS Templates, Guidance & Tools for Projects page. •DMS Protection Mechanism Guidance Document •Conservation Easement Template •Landowner Contact Template •As-built Requirements Guidance The Vendor shall convey to the State of North Carolina, including but not limited to, stream, wetlands, riparian buffer, and nutrient offset mitigation credits, derived from each site and within the area of the conservation easement. Step One: Preliminary Process and Review The Vendor shall provide the following task deliverables associated with the conservation easement(s): The Vendor shall electronically send the following Six (6) items to the DMS Project Manager and State Property Office (SPO) Manager Blane Rice (Blane.Rice@doa.nc.gov), and DMS Property Specialist Jeff Horton (jeffrey.horton@ncdenr.gov) for review: 1.Draft Conservation Easement 2.Preliminary Survey Plat 3.Digital Easement Files 4.Copy of the attorney’s report on title based on 30-year search with deeds and documentation 5.Title attorney’s “Schedule A” with title insurance commitment 6.Completed Landowner Contacts Template Step Two: Approval for Closing 1.SPO and DMS will review, and issue written approval to record to the vendor after the preliminary submittal meets requirements. 2.The Vendor shall record the final approved easement and plat and obtain all necessary approvals from the County Review Officer. Step Three: Task 2 Payment The Vendor will complete and provide the five (5) listed deliverables. 1.Copy of the Recorded Conservation Easement in Adobe PDF format 2.Copy of the Recorded Survey Plat in Adobe PDF format 3.Final digital easement files in AutoCAD (.dwg) and Esri shapefile (.shp) format 4.Updated attorneys report on title with title binder or commitment in the name of the State of North Carolina 5.As soon as available, the original title insurance policy and original recorded conservation easement shall be mailed to the State Property Office at the following address: North Carolina Department of Administration State Property Office attn. Blane Rice1321 Mail Service Center Raleigh, NC 27699 - 1321 ALLOWANCES: 1.The Vendor may elect to install monumentation and boundary marking during Task 6 preparation. No payment for Task 6 will be approved prior to installation. 2.The Vendor may elect to complete Task 3 (site specific Mitigation Plan), including the requirement for financial assurance (See FINANCIAL ASSURANCE section) prior to completion of Task 2. Please be advised, however, that subsequent failure of the Vendor to convey an acceptable conservation easement to the State of North Carolina, or to provide for the Long-Term Protection of the site through other methods acceptable to DMS, will require the Vendor to fully reimburse the State for any payment(s) made to the Vendor for completion of Task 3. TASK 3 Develop a site-specific Draft mitigation plan, as appropriate for each site, and submit it to the DMS for review, comment, and approval. Submit a Final Draft mitigation plan for DWR review. Submit a final mitigation plan with PCNs for permitting (if necessary). FINANCIAL ASSURANCE is also due as part of this deliverable. If applicable, vendor must identify and evaluate all riparian buffer features for convertibility to nutrient offset (both Nitrogen and Phosphorus) in the Mitigation Plan. Similarly, nutrient offset features must be evaluated for convertibility to riparian buffer. Vendor should utilize definitions in the DWR Consolidated Rule and utilize the Project Credit Table Template approved by DWR in the 11/21/2019 ‘Clarified Procedures for Calculating Buffer Mitigation Credits & Nutrient Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 23 Offset Credits’ memorandum available at the following link: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch/nutrient In service areas where Nitrogen and Phosphorus are regulated, nutrient offset features should include both Nitrogen and Phosphorus credits. TASK 4 Secure any necessary permits and/or certifications (i.e., Erosion and Sedimentation Control permit, etc.). Submit applicable permits, certifications, etc. to DMS prior to implementation of the earthwork portion of the mitigation project. Upon completion of earthwork, notify DMS in writing of completion date. TASK 5 Complete planting of the mitigation site and install all monitoring devices/plots. Vegetation must be planted at least six months before vegetation monitoring activities are conducted at the end of the growing season. Upon completion of planting and installation of monitoring devices/plots, notify DMS in writing of completion date. TASK 6 Prepare the baseline monitoring document and as-built drawings. The as-built drawings (final record of project construction) should be submitted with the following criteria: a. Pre-Construction Plan design b. As-built survey (on same sheets as Pre-Construction Plan design) c. Must bear Professional Land Surveyor (PLS) seal and/or Professional Engineer (PE) seal where applicable d. Annotation and corrections of the Pre-Construction Plan design TASKS 7-13 Monitor the mitigation site as stipulated in the mitigation plan and baseline monitoring report to assess the success of the restored site for a period of at least seven (7) years. Each annual monitoring report must be submitted to the DMS by December 1st of the year during which the monitoring was conducted. The 7th year monitoring report (or final year in cases where monitoring has been extended beyond 7 years) must include an assessment of the monitoring data collected from the entire monitoring period. The Vendor must attend preparation closeout meetings and present the final project to the IRT in closeout office/onsite meetings. FINAL (Task 13) payment will be made after IRT credit approval, and the vendor removes all monitoring devices from the site. The vendor should notify DMS in writing once Task 13 is complete. 5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE Project Milestones and Payment Schedule Task Project Milestone Payment^ (% of Contract Value*) 1 Regulatory Site Visit & Environmental Screening 5 2 Submit Recorded Conservation Easement on the Site 20 3 Mitigation Plan (Final Draft) and Financial Assurance 15 4 Mitigation Site Earthwork completed 15 5 Mitigation Site Planting and Installation of Monitoring Devices 10 6 Baseline Monitoring Report & As-Built Drawings 1 10 7 Submit Monitoring Report #1 to DMS (meets success criteria*)1 5 8 Submit Monitoring Report #2 to DMS (meets success criteria*)1 2 9 Submit Monitoring Report #3 to DMS (meets success criteria*)1 2 10 Submit Monitoring Report #4 to DMS (meets success criteria*)1 2 11 Submit Monitoring Report #5 to DMS (meets success criteria*)1 2 12 Submit Monitoring Report #6 to DMS (meets success criteria*)1 2 13 Submit Monitoring Report #7 to DMS and complete project Close- Out process (meets success criteria*)1 10 TOTAL 100 ^Vendor is only eligible for payment after DMS has approved the task/deliverable. https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch/nutrient Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 24 *If site fails to meet success criteria, as indicated in any monitoring report, payment of the monitoring task may be made if a suitable contingency plan is submitted to and accepted by the DMS. 1For any year, beginning with delivery of Task 6; if credits are withheld by the regulatory agencies or credits are lost for other reasons, and deliverable payments must be adjusted, then all future yearly payments will be made following IRT yearly release of the credits. 5.5 ACCEPTANCE OF WORK In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the State shall have the obligation to notify Vendor, in writing thirty (30) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes. 6.1 CONTRACT ADMINISTRATOR Kristie Corson is designated the Contract Administrator for the Department for the purposes of this RFP. 6.2 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall be required to designate and make available to the State a project manager. The project manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service. 6.3 CONTINUOUS IMPROVEMENT The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consists of various ways to enhance business efficiencies as performance progresses. 6.4 DISPUTE RESOLUTION During the performance of the Contract, the parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.5 CONTRACT CHANGES Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. Proposal Number: 16-416900826 Vendor: __________________________________________ Ver: 11/2021 pg. 25 6.6 ATTACHMENTS Attachments A-G to this RFP are incorporated herein and shall be submitted by responding in the Sourcing Tool. These attachments can be found at the following Vendor Forms link for reference purposes only: https://ncadmin.nc.gov/documents/vendor-forms THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Ver: 11/2021 pg. 26