|State of Nebraska
Department of Environmental Quality
1200 N Street, Suite 400
Lincoln, NE 68509
PHONE: (402) 471-2186
FAX: (402) 471-2909
Petroleum Remediation Request for Proposal (RFP)
The State of Nebraska (State), Department of Environment and Energy (NDEE), is issuing this Request for Proposal (RFP) Number DEE-PRR-SPARC-2021 for the purpose of selecting three or more qualified Contractors to provide environmental remediation services relating to releases of petroleum from underground and above storage tanks. A more detailed description can be found Section 1, Project Description and Scope of Work. 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 five (5) 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://das.nebraska.gov/materiel/purchasing.html. or http://dee.ne.gov
Written questions are due no later than 1:00 pm CST on January 6, 2021 and must be submitted via e-mail to email@example.com.
Proposals are due in no later than 1:00 pm, Friday, January 29, 2021.
A Pre-Proposal Conference will not be held.
PROPOSALS MUST MEET THE REQUIREMENTS OUTLINED IN THIS REQUEST FOR PROPOSAL TO BE CONSIDERED VALID. PROPOSALS WILL BE REJECTED IF NOT IN COMPLIANCE WITH THESE REQUIREMENTS.
1. Submit one sealed original and five exact copies of the proposal along with a USB drive (thumb drive) containing an exact copy of the signed original to be received by the Nebraska Department of Environment and Energy by the date and time of the proposal due date as indicated above. No electronic, e-mail, fax, voice or telephone proposals will be accepted other than the required original copy on the USB.
2. This form “REQUEST FOR PROPOSAL FOR CONTRACTURAL SERVICES” MUST be manually signed, in ink, and returned by the proposal opening date and time along with the Contractors proposal with copy’s and any other requirements as specified in the Request for Proposal in order to be considered for award.
IMPORTANT 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://statecontracts.nebraska.gov.
In 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 NDEE 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. 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.
By signing this Request for Proposal for Contractual Services form, the Contractor guarantees compliance with the provisions stated in this Request for Proposal, agrees to the terms and conditions unless otherwise agreed to (see Section III) and certifies that Contractor maintains a drug free work place environment.
Contractor MUST COMPLETE THE FOLLOWING
Per Nebraska’s Transparency in Government Procurement Act, Neb. Rev Stat §73-603 DAS is required to collect statistical information regarding the number of contracts awarded to Nebraska contractors. This information is for statistical purposes only and will not be considered for contract award purposes.
_____ NEBRASKA CONTRACTOR AFFIDAVIT: Contractor hereby attests that Contractor is a Nebraska Contractor. “Nebraska Contractor” shall mean any submitter who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this RFP.
Below is a paraphrased summary of all the questions the Agency received concerning RFP-DEE-PRR-SPARC-2021.
1. Who are the current Contractors for the Petroleum Remediation Section and is there a preference given to these Contractors?
A. They are Coranco Great Plains, Inc., Terracon Consultants, Inc., RDG Geoscience & Engineering, MILCO Environmental, Inc. and Panhandle Geotechnical & Environmental, Inc. There is no predisposed preference for reselection of these Contractors.
2. Is there an average yearly Contract value for the previous or future years under this Contract?
A. No. There are many variables involved in the amount of work assigned to the State Contractors based on State and Federal funding revenue.
3. How many consultants will be selected under this RFP and is geographically a considering factor.
A. The number of consultants to be selected is stated in the RFP. It is three or more. The consultants are not selected based on geographic location.
4. Page 37, point 5 & 6 states the need for Nebraska Registered Professional Geologist and Engineer to be on staff by the RFP submitter. Can a consultant subcontract with companies to fulfill that requirement.
A. No. The RFP states that a Nebraska Professional Geologist and Engineer must be on staff of the RFP submitting company. Reciprocity from another State with Nebraska is acceptable, if approved by the Nebraska Board of Geologists.
5. Section H., paragraph 7. This paragraph mentions a separate cost proposal, however there is no description on the RFP regarding the requirements of said cost proposal. Can the State provide guidance on what are the expected requirements for submitting a separate cost proposal?
A. Inclusion of the words “and cost” in that paragraph should not have been included. There are no costs requested in the submittal of this RFP.
6. Is Appendix A. (Pg. 47) a part of the Pro Forma Contract example? If so, do we need to complete and submit Appendix A along with the proposal?
A. No. Appendix A. does not need to be submitted with the RFP. It’s part of the Pro Forma Contract example.
7. On Page 20, there is a requirement of $5 mil in insurance coverage, which is an increase over last contract. Would $2 million of coverage be acceptable?
A. No. This is a Nebraska Department of Administrative Services requirement for the umbrella/excess liability. We are also seeing this requirement for railroad access from the Railroads themselves.