|State of Nebraska
Department of Environmental Quality
1200 N Street, Suite 400
Lincoln, NE 68509
PHONE: (402) 471-2186
FAX: (402) 471-2909
Due to the Covid-19 virus, DEE will not be having a public opening for this RFP. The public will not be allowed in our offices.
The State of Nebraska (State), Department of Environment and Energy (NDEE), is issuing this Request for Proposal (RFP) Number DEE 20-02-05 for the purpose of selecting two (2) or more qualified contractor(s) to provide environmental engineering services including site assessments, groundwater monitoring evaluations, records review and report and plan preparation, remediation treatment system design, construction, operation and maintenance, solid waste management studies and design, technical document reviews, and program development activities. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar services from other sources now or in the future.
The term of the contract will be five (5) years commencing upon execution of the contract by the State and the Contractor (Parties). The Contract includes the option to renew for two (2) additional one (1) year periods upon mutual agreement of the Parties. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Parties.
ALL INFORMATION PERTINENT TO THIS REQUEST FOR PROPOSAL CAN BE FOUND ON THE INTERNET AT: http://dee.ne.gov and/or http://das.nebraska.gov/materiel/purchasing.html.
Pre-Proposal Conference will not be held.
MPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.04, State contracts in effect as of January 1, 2014, and contracts entered into thereafter, must be posted to a public website. The resulting contract, the solicitation, and the successful contractor’s proposal or response will be posted to a public website managed by DAS, which can be found at http://dee.ne.gov and/or http://statecontracts.nebraska.gov.
n addition and in furtherance of the State’s public records Statute (Neb. Rev. Stat. § 84-712 et seq.), all proposals or responses received regarding this solicitation will be posted to the State Purchasing Bureau public website.
These postings will include the entire proposal or response. Contractor must request that proprietary information be excluded from the posting. The contractor must identify the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate container or envelope marked conspicuously using an indelible method with the words "PROPRIETARY INFORMATION". The contractor must submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992) THE SUPPLIER MAY NOT ASSERT THAT THE ENTIRE PROPOSAL IS PROPRIETARY. COST PROPOSALS WILL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will then determine, in its discretion, if the interests served by nondisclosure outweighs any public purpose served by disclosure. (See Neb. Rev. Stat. § 84-712.05(3)) The Contractor will be notified of the agency's decision. Absent a State determination that information is proprietary, the State will consider all information a public record subject to release regardless of any assertion that the information is proprietary.
If the agency determines it is required to release proprietary information, the contractor will be informed. It will be the contractor's responsibility to defend the contractor's asserted interest in non-disclosure.
To facilitate such public postings, with the exception of proprietary information, the State of Nebraska reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, proposal, or response to this solicitation for any purpose, and to authorize others to use the documents. Any individual or entity awarded a contract, or who submits a proposal or response to this solicitation, specifically waives any copyright or other protection the contract, proposal, or response to the solicitation may have; and, acknowledges that they have the ability and authority to enter into such waiver. This reservation and waiver is a prerequisite for submitting a proposal or response to this solicitation, and award of a contract. Failure to agree to the reservation and waiver will result in the proposal or response to the solicitation being found non-responsive and rejected.
Any entity awarded a contract or submitting a proposal or response to the solicitation agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the proposals and responses to the solicitation, awards, and other documents.
Date: March 12, 2020
To: All Prospective Contractors
From: Stephanie Vap-Morrow, Buyer
Nebraska Department of Environment & EnergyRE: Questions and Answers for Request for Proposal Number DEQ20-02-05 (to be
opened on April 8, 2020, at 2:00 pm Central Time)
Following are the questions submitted and answers provided for the above-mentioned Request for Proposal. The questions and answers are to be considered as part of the Request for Proposal.
1. Is the geography of services anticipated to cover all of Nebraska?
2. Is the respondent required to have the capability to provide all listed services?
a. If subcontracting is allowed, is there a minimum percentage of the direct work that the primary must be responsible for performing?
b. If sub-contracting is allowed, is mark-up of sub-contractor invoices allowed by the primary contract holder?
The respondent, as the prime contractor, is not required to have the capability of providing all of the scope of services within their firm. The proposal must identify personnel that will be assigned project work along with resumes to highlight qualifications and experience. It is acceptable to include sub-contractor personnel as part of a team approach.
There is no set minimum percentage of direct work required for the prime contractor.
Sub-contractor services are generally obtained by the prime contractor on a project –specific basis using a competitive bid process. The acceptability and amount of prime contractor markup rates would be negotiated during contract development.
3. Can you provide a summary of previous contract expenditure or projects?
Three existing contracts were initiated in October 2015. Approximately 30 site assessment projects are accomplished each year. Also, NDEE currently has three Superfund NPL sites with on-going O&M activities in support of environmental cleanup systems. We anticipate a fourth O&M site calendar year 2021. Combined expenditures for the existing contracts are expected to range between $2.5 and $3.0 million. Overall contract expenditures continue to be based on available state funding and recurring federal cooperative agreements.
4. Can you provide a projected expenses and/or projects associated with this project?
See answer to Question #3.
5. Section II, Terms and Conditions, page 8: Paragraph one indicates the contractor should complete Sections II through V as part of their proposal. Under Section V (Proposal Instructions), no mention of the terms and conditions is provided as part of the Pre-Contract Award Requirements. Could the state clarify if the Terms and Conditions review is part of the technical proposal or something that is required prior to contract award.
The contractor should complete and initial each of the applicable sign-off tables in Sections II through IV, as part of completing their proposals. The RFP document further stipulates that by signing the Request for Proposal for Contractual Services, the contractor agrees to all terms and conditions presented in the RFP. The signed form and a complete set of the terms and conditions pages with the required initials can either be included in the proposal or completed during the contract development and negotiation phase, as a prerequisite to contract award.
6. Reference Section 4.b.i-vi on pages 35-37 of the RFP for the following questions:
a. What percentage of the contract is each of the types of project listed and what is the anticipated frequency per year of each type of project?
b. How much time is anticipated to provide support needed for this contract?
See answer to Question #3.