EXPANSION AND OPERATION OF THE WASTEWATER TREATMENT, COLLECTION, AND DISPOSAL SYSTEM-RFP

Posted At:Thu, Oct 31, 2024 3:00 PMSealed Bid Process:Yes (Bids Sealed / Pricing Sealed)Private Bid:No

EXPANSION AND OPERATION OF THE
WASTEWATER TREATMENT, COLLECTION,
AND DISPOSAL SYSTEM

The Town is following a procurement process pursuant to the Special Act and Massachusetts General Laws, Chapter 30B, as applicable , for the selection of a private entity to provide the Contract Services for a 20-year term. A review and evaluation of minimum qualifications will be conducted to select respondents determined to be responsible and responsive. Only the respondents that meet the minimum evaluation criteria will be further evaluated based on the information requested and prepared in the format required by this RFP. Upon evaluation of the Proposals submitted in response to this RFP, the Town intends to enter into a Wastewater Service Agreement with the Proposer whose Proposal is most advantageous to the Town based on price, estimated life-cycle costs and the evaluation criteria set forth in Section 10.0 of this RFP, in accordance with the Special Act.

By submitting a Proposal, a Proposer agrees, if selected, to enter into a Wastewater Service Agreement, the provisions of which are outlined in this RFP and Wastewater Service Agreement. If, after negotiation with such Proposer, the Town Manager determines that it is in the Town 's best interests, the Town Manager may initiate negotiations with the next most advantageous proposal from a responsible and responsive Proposer taking into consideration price, estimated life-cycle costs and the other evaluation criteria set forth in this RFP.

This RFP constitutes an invitation for Proposers to submit Proposals to the Town and is undertaken in accordance with the applicable provisions of Chapter 30B of the General Laws pursuant to the Special Act. Without limitation or penalty, the Town, including its agents and designated representatives, reserves and holds at its sole discretion, the following rights and options:

• This RFP does not obligate the Town to procure or contract for any services whatsoever.
• The Town reserves the right to change or alter the schedule for any events associated with this procurement upon notice to the Proposers, and a Proposer, by submitting a Proposal, agrees to be bound by any modification made by the Town.
• All costs incurred by a Proposer in connection with responding to this RFP, the evaluation and selection process undertaken in connection with this procurement, and any negotiations entered into in connection with developing the Wastewater Service Agreement will be borne by the Proposer.
• The Town reserves the right to reject, for any reason, any and all Proposals and components thereof and to eliminate any and all Proposers responding to this RFP from further consideration for this procurement.
• The Town may cancel this RFP without the substitution of another RFP.
• The Town reserves the right to waive any technicalities or immaterial irregularities in the Proposals.
• The Town reserves the right to eliminate any Proposer who submits incomplete or inadequate responses or is not responsive to the requirements of this RFP.
• The Town Manager or his designee shall act as the representative of the Town during this procurement process.
• The Town reserves the right, at any time, to determine that any or all Proposers will not be selected for further consideration and to notify such Proposers of the Town's determination.
• The Town may request recipients of this RFP or Proposers to send representatives to the Town for interviews and presentations.
• The Town may select and enter into negotiations with the Proposer that in the judgment of the Town is the most advantageous Proposal.
• The Town reserves the right to discontinue negotiations with any selected Proposer.
• The Town may conduct clarification discussions, at any time, with one or more Proposers and request additional information relating thereto.
• The Town may receive questions from Proposers and to provide such answers by written addenda as it deems appropriate.
• The Town reserves the right, without prior notice, to supplement, amend or otherwise modify this RFP, or otherwise request additional information.
• All Proposals become the property of the Town and will not be returned.
• All activities related to this RFP and the performance of the Contract Services shall be subject to applicable law.
• The Town may add to or delete any and all items from the list of Initial Capital Improvements (ICI) set forth in this RFP in its sole discretion.
• Any and all responses not received by the Proposal Submission Date shall be rejected and returned unopened.
• Neither the Town, its staff, its representatives, nor any of its consultants will be liable for any claims or damages resulting from the solicitation, collection, review or evaluation of responses to this RFP.
• The Town (including its representatives and consultants) reserves the right to visit and examine any of the facilities referenced in each Proposal and to observe and investigate the operations of such facilities.
• The Town reserves the right to conduct investigations of the Proposers and their responses to this RFP and to request additional evidence to support the information included in any such response.

By responding to this RFP, Proposers acknowledge and consent to the Town’s rights and conditions set forth herein relative to the procurement process and the selection of a Proposer to negotiate the Wastewater Service Agreement

Clarification and Interpretation of RFP

Proposers may request clarifications or interpretations in writing from the Town . No oral interpretation, instruction, or information concerning this RFP given by any employee or agent of the Town shall be binding on the Town. Proposers relying on such oral information risk having their response to this RFP deemed unresponsive by the Town . The Town will not be responsible for any explanation or interpretation of this RFP, unless such explanation or interpretation of this RFP is given in accordance with this written procedure. Requests for information or clarification of this RFP must be in writing and submitted to Via the procurement portal u sing the question-and-answer feature or by emailing Braden Witt at bwitt@provincetown-ma.gov

RFP Addenda

During the period provided for the preparation of Proposals, the Town may issue addenda to this RFP. These addenda will be numbered consecutively and will be distributed to all who are registered with the Town as having received a copy of this RFP. These addenda will be issued by, or on behalf of, the Town and will constitute a part of this RFP. Each Proposer is required to acknowledge receipt of all addenda at the time of submission of the Proposals by submitting an executed acknowledgment form included. This acknowledgment shall govern not only additions which may be bound in and attached to this RFP, but also all addenda which may be distributed prior to the date established for submission of the Proposals. All responses to this RFP shall be prepared with full consideration of the addenda issued prior to such submission date, with a written acknowledgment of having received and reviewed all such addenda. No addenda will be issued within two weeks before the Proposal submittal date.

Additional Information

The Town recognizes that Proposers may require additional information regarding the RFP and the Contract Principles to prepare their Proposals. Proposers shall submit any comments or questions about this RFP and Contract Principles in writing via the town's electronic procurement system or email Braden Witt Bwitt@provincetown-ma.gov pursuant to the procurement process schedule. Proposers must prepare such comments and information requests in writing for the Town 's consideration as set forth in this RFP. The Town may, but shall not be obligated to, respond to such comments.

Personal Investigation

Proposers shall satisfy themselves by personal investigation and such other means as they may deem necessary, as to the conditions affecting the proposed services and the cost thereof. In furtherance of Section 2.0 above, Proposers are solely responsible for conducting their own independent research and due diligence for the preparation of Proposals, negotiation of the Wastewater Service Agreement, and subsequent delivery of the Contract Services. No information derived from any part of this RFP or from the Town or its advisors shall relieve the Proposer from any risk or from providing the Contract Services and meeting the requirements of this RFP. Without limiting the provisions of Section 2.0 above or anything herein, the Town and its advisors, including legal counsel, are not responsible for the completeness or the accuracy of any information presented in this RFP or otherwise distributed as made available during this procurement process.

Confidential Information

If any Proposal contains technical, financial or other confidential information that the Proposer believes may be exempt from disclosure, the Proposer must clearly label the specific portions sought to be kept confidential and specify the exemption upon which the Proposer is relying. The Town, in its sole discretion, will determine whether such exemption applies under Massachusetts Public Records Law, Massachusetts General Laws, Chapter 4, Section 7(26); Chapter 66, Sections 6A, 10, and 10A, and regulations promulgated thereunder .

The Town has sole discretion to interpret the law regarding the disclosure of information, and by responding to this RFP, Proposers waive any challenge to the Town 's decisions in this regard. Marking all or substantially all of a response as confidential may result in the Proposer being deemed non-responsive to this RFP.

Without limiting the foregoing, Proposers recognize and agree that the Town, its staff and its advisors, will not be responsible or liable in any way for any losses that the Proposer may suffer from the disclosure of information or materials to third parties.

Proposers may correct, modify or withdraw the Proposal prior to the Proposal submittal deadline by written notice received by the Town Manager. After opening of the Proposals, the Town may waive minor informalities or allow the Proposer to correct such informalities. Minor informalities are defined as "minor deviations, insignificant mistakes, and matters of form rather than substance of the ... proposal ... which can be waived or corrected without prejudice to other offerors, potential offerors, or the governmental body." (M.G.L. Ch.30B, §2). If a mistake is clear on the face of the Proposal, the Chief Procurement Office shall correct the mistake and so notify the Proposer in writing, and the Proposer may not withdraw the Proposal. A Proposer may withdraw a Proposal if a mistake is clearly evident on the face of the Proposal, but the intended correction is not similarly evident. (M.G.L. Ch.30B, §6(f)).

Non-Discrimination Requirements

The selected Proposer, in the performance of the Contract Services, will not discriminate on grounds of race, color, religious creed, national origin, age, sex or handicap in employment practices, in the selection or retention of subcontractors, or in the procurement of materials and rentals of equipment.

The Selected Proposer will be required to comply with all applicable Federal and State statutes, rules and regulations prohibiting discrimination in employment, including but not limited to: Federal "Fair Share" M/WBE Utilization Goals for State Revolving Fund projects (refer to Appendix D) Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Americans with Disabilities Act, 42 USC Section 12101 ; Chapter 151B of the General Laws; and all relevant administrative orders and executive orders. In addition, the Town encourages minority-owned business enterprises and women-owned business enterprises to submit Proposals (independently, or together with a Proposer team).

Cost of Proposal Preparation

Each Proposal and preparation of all information required pursuant to this RFP shall be prepared at the sole cost and expense (including engineering and legal costs) of the Proposer. In addition, the Proposer shall be solely responsible for all costs (including engineering and legal costs) incurred in connection with the evaluation and selection process undertaken in connection with this procurement and any negotiations entered in connection with developing a Wastewater Service Agreement, irrespective of whether a Proposal is selected or whether a Wastewater Services Agreement is entered into with such a Proposer. There shall be no claims whatsoever against the Town, its staff, or its consultants for reimbursement for the costs or expenses (including engineering and legal costs) incurred during the preparation of the Proposal or other information required by this RFP or procurement process or in connection with the selection process or contract negotiations.

Evaluation and Negotiation of Proposals

Proposals will not be opened publicly, but the Town will open them in the presence of one or more witnesses at the time specified in this RFP. Until the completion of the evaluations, or until the time specified for acceptance in this RFP, the contents of each Proposal shall remain confidential and shall not be disclosed, except to the Evaluation Committee. At the opening of the Proposals, the Town will prepare a register of Proposals which will include the name of each Proposer and the number of modifications, if any, received. The register of Proposals will be open for public inspection. Once the Town Manager preliminarily determines that a Proposer is responsible and responsive, the Evaluation Committee will thereafter determine the most advantageous Proposal taking into consideration price, life-cycle costs and the evaluation criteria set forth in Section 10.0 of this RFP and up to three (3) Proposers may be selected for interview before the Evaluation Committee as part of that analysis. Pursuant to Section 4 of the Special Act, the Town Manager may negotiate all terms of the Wastewater Service Agreement not deemed mandatory or non-negotiable with such Proposer. If, after negotiation with such Proposer, the Town Manager determines that it is in the Town 's best interest, the Town Manager may initiate negotiations with the next most advantageous Proposer.

The Town Manager will award the Wastewater Service Agreement, by written notice to the Selected Proposer within the specified time for acceptance set forth herein, subject to approval of the Select Board and Town Meeting. The parties may extend the acceptance time by mutual written agreement.

In accordance with the Special Act, if the Town awards the Wastewater Service Agreement to a Proposer that did not submit the lowest Price Proposal, the Town will explain the reasons for the award in writing, specifying in reasonable detail the basis for such determination.

MassDEP Approval of Wastewater Service Agreement

Prior to the execution or as a condition to the effectiveness of the negotiated Wastewater Service Agreement, the Wastewater Service Agreement, any operations and maintenance manuals or other related deliverables as part of the Contract Services shall be submitted to the DEP for review and approval as may be required by 314 CMR 12.00, et seq. The Company shall fully comply with all applicable laws, including without limitation the above-referenced regulations throughout the term of the Wastewater Service Agreement.

Termination of Negotiations

The Town, in its sole discretion, may, at any time, exclude a Proposer from further participation in the negotiation process if it determines that such Proposer is failing to progress in the negotiations or if the terms of its Proposal are less advantageous than those of other Proposers. The Town will give written notice of its decision to the Proposer, which shall be sent in writing, signed by the Town Manager, and delivered to the Proposer by certified mail.

Record of Proposals

A Proposer may withdraw a Proposal prior to the date and time set for the opening of the Proposals via the town's electronic procurement systems or sending a certified mail request to Town manager c/o DBO team 260 Commercial Street Provincetown MA 02657

Time for Proposal Acceptance

The Town will consider Proposals, including pricing information, current for2 months following the Proposal due date. The Town intends to award the Wastewater Service Agreement within 5 months of the final Proposal Submission D ate. This 4-month tim e period may be extended by the Town in its sole discretion.