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Emergency Response/Immediate Response Action Support Services Contract Bidders’ Conference

This conference provides information on the scope of services, contract duration, estimated contract value, procurement schedule, and rules for contacting MassDEP during the procurement process.

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Emergency Response/Immediate Response Action Support Services Contract Bidders’ Conference

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  1. RFR:DEP-BWSC-ERIRA-2017-14 COMMBUYS Bid #:BD-17-1045-BWSC0-BWSC1-15649 CEmergency Response / Immediate Response Action Support Services ContractBIDDERS’ CONFERENCE Executive Office of Energy and Environmental Affairs Massachusetts Department of Environmental Protection May 24, 2017 MassDEP Central Regional Office Worcester, MA

  2. Opening Information / Agenda • Be sure to sign-in, include e-mail address. • Emergency exit locations. • Rest room location. • Please silence cell phones/other devices • All questions must be written on the index cards provided. Please hold questions until the Q&A session at the end. [ This presentation and Q&A will be posted on COMMBUYS.] BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  3. PRE-PROPOSAL CONFERENCE AGENDA 1. Introduction 2. Scope of Services 3. Terms &Conditions (highlights) 4. Submittal 5. Questions & Preliminary Answers BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  4. INTRODUCTION Topics • RFR & Updates/Amendments- COMMBUYS • Purpose • Duration / Service Category Selection • Estimated Contract Value • Procurement Schedule • Rules for Contacting MassDEP during the Procurement Process • MassDEP’s Goals BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  5. RFR & Updates on COMMBUYS The RFR, amendments & other info will be posted on the COMMBUYS website, which is the only place for official postings. Therefore, frequently check COMMBUYS for updates. Directions to access the solicitation on COMMBUYS on the web are provided at the end of the PowerPoint slides. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  6. Purpose of the Procurement To select qualified firms having multi-disciplinary capabilities and expertise in environmental cleanup services for: Emergency Responses (ER) Immediate Removal Actions (IRA) Other Env. Site Remediation Services BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  7. Contract Duration & Bid Options Contract Duration: • Base period is 3 yrs • Two renewal 2 yr options = 4 yrs. • Total potential duration = 7 yrs. Bid Options- can select one of these options: • ER only • IRA only • ER and IRA BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  8. Estimated Contract Value Value of seven year ER/IRA program: $ 10 million (estimated) No guarantee of work will result from this Solicitation for any Contractor. Past spending is not an indicator of potential spending under this Contact. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  9. Procurement Schedule*This is the amended schedule as posted on COMMBUYS on June 6, 2017 BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  10. Rules for Contacting MassDEPduring the Procurement Contact/discussion with MassDEP other than as specified in the RFR is strictly prohibited. If such a discussion(s) occurs during the procurement, your company will likely be disqualified from an award. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  11. Goals for Selecting Contractors • Strong management & technical capabilities/experience that is responsive to clients. • Demonstrated ability to respond quickly, efficiently, and effectively. • Prices that provide best-value, defendable costs for cost recovery. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  12. Number of Awards Multi-award procurement: MSA will provide a master list of approved contractors. Number of awards depends on: • how many bidders meet orexceed the technical expectations, and • how many of those propose competitive prices. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  13. Current Contract Information • Current ER/IRA Contract ends 10/12/2017. • Currently 15 active Contractors: 8 ER & IRA / 6 IRA Only / 1 ER Only BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  14. Scope of Services Topics • Map of service area and MassDEP Regions • ER and IRA scope of services, how MassDEP • selects a Contractor for ER and IRA work. • Other Site Support Services • Requirements for both ER and IRA Note: Only an overview of these topics is presented herein. Bidders must review the entire RFR for all the information needed to submit their bids. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  15. Service Area for the ER Contract 3 2 1 4 - Regional Office - Boston Office BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  16. Service Area for the IRA Contractentire state for pre-planned activities BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  17. Scope of Services Emergency Oil Spill Cleanup & Containment. Hazardous Materials Emergency Response. Short-term O&M responses at spill sites. Emergency Response (ER) “Unplanned Actions” Key Requirements: • Removal, Recovery, Containment, Packaging, Transport, Storage, Disposal of OHM. • Response time within 2 hrs on mainland. • Own or “control” of ER equipment & supplies. • Must have working relationships with driller, equip vendor, laboratories- Demonstrate in proposal BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  18. Scope of Services How MassDEP selects an ER Contractor for a Specific Spill Response Method of Selection after Award of MSA Contract: • Rotation through the list of ER contractors • Proximity to the emergency site • Technical capability (incl. haz vs oil only) • Ability to Respond within the required time MassDEP attempts to provide work to all capable, well-performing ER contractors to maintain an active and response-ready master list of available contractors. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  19. Scope of Services Limited IRA Site Assessment. Source Area Remediation Services. Groundwater and Soil Treatment Systems. O&M Services at location of IRA site activities. Immediate Removal Actions (IRA) “Planned Actions” Key Requirements: • Complementary to ER, but work may be longer and is "planned" vs "unplanned". • Often requires Lump Sum bid on projects. • May require limited design. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  20. Scope of Services Method of Selection after Award of MSA Contract: • IRA contractors are selected based on technical capability, geographic location, work distribution. • Lump Sum bids requested based on scope provided by MassDEP. MassDEP attempts to provide work to all capable, well performing IRA contractors to maintain an active and response-ready master list. How MassDEP selects an IRA Contractor BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  21. Scope of Services Other site support services “Planned Actions” • Landfill Repair and Rehabilitation. • Install / repair fencing and other security items. • Remove/dispose of Investigation Derived Wastes (IDW), waste, debris, sediments. • Install sub-slab depressurization systems (SSDS). • Limited asbestos containment, removal, disposal. • Install point-of-entry water treatment systems. • Perform O&M for existing treatment systems. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  22. Scope of Services Requirements for both ER and IRA services • Perform sampling & lab analysis of environmental media / wastes using MassDEP protocols & Compendium of Analytical Methods (CAM) • Provide a Licensed Site Professional (LSP) to ensure compliance with the MCP. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  23. Contract Terms & Conditions Topics • Documents that comprise the “Contract” • Statement: changes from 2012 Contract • Highlights of T&Cs from Supplemental • Conditions • Highlights of T&Cs from Payment T&Cs Note: This presentation is only an overview of the contract T&Cs. Bidders must review the entire RFR for all the information needed to submit their bids. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  24. Contract T&Cs The documents that comprise “the Contract” include all parts of the following documents: • The Standard Contract Form, including the instructions and Contractor Certifications. • The Commonwealth Terms and Conditions • This Request for Response, including all Attachments, Appendices, any Addenda to the RFR issued by MassDEP. • The Bidders’ Response, excluding language stricken by the Department as unacceptable. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  25. Contract Terms & Conditions (T&Cs) Please review all documents of the Contract! Pay particular attention to: • Insurance & Indemnification clauses • Payment terms and conditions BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  26. Contract T&Cs (highlights) Contractor as Transporter/Generator:Contractors disposing of haz wastes must sign manifests as “generator.” Contractors can not delegate the responsibility. Compliance with all laws: Contractors shall comply with state-wide requirements, such as: • MassDOT's "annual state-wide blanket work permit" • MassDOTs Work Zone Safety Guidelines • Municipal street opening permits BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  27. Contract T&Cs Commencement of ER Services: Start work < 2 hours from the Mobilization Order (the islands < 3 hours). Duration of ER Services: ER only to control the release that required the mobilization. ER is not for remediation once control is established. If an ER response is needed for > 72 hours, the Contractor must notify MassDEP Contract Administrator. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  28. Contract T&Cs Initiation of IRA T&M Support Services: Planned Activity: may require a work & cost plan, or LS bid based on a MassDEP prepared scope. Cost Documentation for IRA Services: Must be prepared to provide MassDEP with a basis-of-cost document or documents as a condition of award of the project and/or payment of an invoice. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  29. Contract T&Cs PRP Employs the Contractor: If a PRP takes over the work and employs the ER Contractor, the PRP is responsible for paying the Contractor for the entire cost for the response, not MassDEP. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  30. Contract T&Cs Contractor and Subcontractor Personnel: Bidders are selected for award based, in part, on the resumes of the personnel in their Response. The Contractor is required to ensure the availability of both the Contractor's and Subcontractor's personnel presented in the proposal. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  31. Contract T&Cs Invoicing: Contractors are required to use MassDEP's invoice formats & provide supporting docs. T&M projects: required proof documents are labor, equipment, lab, T&D, etc. LS projects: proof of costs is not required w/ invoices, but must be provided if requested by MassDEP. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  32. Contract T&Cs Invoicing- Docs Req'd for LS & T&M: • Daily Worksheets complete and signed. • Chain-of-custody forms generated for sampling and lab analysis. • Copies of bills from government entities, utilities, site and/or waste characterization, disposal (i.e. police details, permits, electric bills, lab analyses, disposal / tipping fees. • Waste Manifests BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  33. Contract T&Cs Retainage: The Department may or may not apply a 10% retainage on each invoice for all or parts of the amounts claimed, pending receipt of any report, submittal or deliverable requested or required of the Contractor. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  34. Contract T&Cs Record keeping: The Department requires contractors & subcontractors maintain a financial records, including expenditures incurred and payments / reimbursements received pursuant to this contract. Retention time is seven (7) years starting the first day after final payment. (reference: Commonwealth Terms &Conditions #7) BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  35. Payment Terms & Conditions (T&Cs) Compensation Methods: Contract utilizes two methods for compensating services: ER-mainly Time & Materials (T&M) with Not-to-Exceed budgets. IRA-mainly Lump Sum (LS) - T&M for change orders. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  36. Payment T&Cs Rate Schedules: Maximum allowable rates for equipment, materials & supplies are as approved by MassDEP in the Rate Schedules. An opportunity to negotiate rates may or may not be provided during procurement. Bidders are advised to provide competitive rates in the initial Response. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  37. Payment T&Cs Labor Rates: Unit hourly rate ($/hr) inclusive of all labor, overhead profit. Rates apply to the base period (3 yrs). During previous contract option years, MassDEP did not entertain increases to rates. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  38. Payment T&Cs ER Labor: If contractor mobilizes to site and spends < 4 hours, Contractor paid for 4 hours. On 2nd or 3rd day, if work terminates < 3 hours, Contractor compensated for 3 hours on that day. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  39. Payment T&Cs ER and IRA Labor: Payment only from the point of time activity commences to the completion of the activity. One hour labor charge allowed for off-loading waste at off-site disposal facilities. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  40. Labor Rates BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  41. Payment T&Cs Equipment: Category I: Equipment + Operator (e.g. vactors, backhoe, excavator, loader, dump truck) • hourly and weekly rates. • mob/demob compensated on an hourly basis. Category II: Equipment without Operator (e.g. frac tank, roll-offs, pumps, generators, pressure washer) • hourly, weekly and monthly rates. • mob/demob only for certain equip. Category III: Monitoring Equipment (e.g. PIDs, FIDs, LEL O2, multi-gas detector, water level indicator) • daily and weekly rates. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  42. Equip. Rates BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  43. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  44. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  45. Payment T&Cs Rental Cost vs Purchase Price of Equipment: MassDEP sets a ceiling on payment for rental items at the purchase price of the item over the life of the project. The ceiling can be lifted, but requires prior written approval by the MassDEP Contract Administrator. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  46. Payment T&Cs Equip. Purchased for MassDEP Ownership: Contractor may purchase equipment for MassDEP ownership. Purchase req'ts in the Payment T&C's. Markup on Equipment: No markup is allowed on equip. in the Rate Schedule. Maximum markup of 5% is allowed on costs for rented, leased, purchased equipment, but only with receipts. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  47. Payment T&Cs Materials and Supplies: Goods that are consumed or expended during use and are not designed for significant reuse. The T&Cs for materials & supplies are similar to those for equipment. MassDEP may retain some or all materials and supplies not used but paid for by MassDEP. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  48. Mat’ls Rates BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  49. Payment T&Cs Disposal Costs: Disposal costs will be paid according to the rates approved in the Rate Schedule. If rate not provided, cost + 5%. Bidders may identify a number of disposal facilities to obtain prices. For an emergency, MassDEP may require use of the one closest to the site. In that case, the disposal costs may be negotiated. BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

  50. Disposal Rates BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

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