2019 Hazardous Material Spill Response
Release Date: October 15, 2019
Proposals Due: November 15, 2019
Contact for Proposals: Maria Davies, ANR, Department of Environmental Conservation,
Financial Operations (802) 622-4022 email@example.com
THE STATE WILL MAKE NO ATTEMPT TO CONTACT THE APPLICANT WITH UPDATED INFORMATION. IT IS
THE RESPONSIBILITY OF EACH APPLICANT TO PERIODICALLY CHECK http://www.vermontbidsystem.com
FOR ANY AND ALL NOTIFICATIONS, RELEASES AND AMENDMENTS ASSOCIATED WITH THE RFP.
Introduction and Purpose
The Vermont Department of Environmental Conservation (VTDEC) Spill Program assesses the environmental
impact of hazardous materials spills, oversees the cleanup of spills, and enforces environmental laws and
regulations triggered by spills (See: Vermont Statutes Specific to Spills and Vermont Hazardous Waste
Management Regulations (VHWMR), § 7-105; Investigation and Remediation of Contaminated Properties
Rule (IRule), § 35-102(e) and Subchapter 5).
The DEC Spill Program works with first response organizations and responsible parties to determine if a spill
impacts or threatens sensitive receptors such as surface waters or drinking water wells. Program members
oversee the cleanup of spills and work with Environmental Enforcement to enforce environmental regulations
triggered by spills. The DEC Spill Program has the authority to hire cleanup contractors when the responsible
party cannot be identified in a timely manner or is unwilling/unable to conduct the cleanup. Once a
responsible party (RP) is identified, the contractor is expected to attempt to secure payment through the RP
for the work before the VTDEC will pay from the Spill Contract.
The VTDEC is seeking proposals for the performance of spill cleanup and hazardous waste disposal services in
cases where the VTDEC is acting as the lead agency because a Responsible Party is not available to retain a
cleanup contractor. Up to $600,000 is available for January 1, 2020 to December 31, 2021.
Since this Request for Proposals (RFP) does not contain spill-specific information which may affect the cost of
service, proposals will be accepted on a time and materials basis. However, the actual final cost of service will
be negotiated in the final contract with the VTDEC. Please include with your proposal your markup for
subcontractors and equipment (markup is not to exceed 10% or $1,000 where proof of payment has not been
received). Note: markups for regular site costs (such as utilities) and primary contractor services (such as
telephone calls, copying, mailing costs, meals, digital scanning, lodging) will not be allowed under this contract.
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The VTDEC anticipates signing contracts with up to ~four (4) contractors under the terms of this RFP. This will
allow us to select the most appropriate contractor(s) for a specific job based upon cost, location, availability,
and services provided under the terms of the contract. The contract limit will be up to $200,000 per contract,
subject to available funding. Contract duration will be from January 1, 2020 to December 31, 2021. The VTDEC
may extend the contract for up to two (2) additional one-year periods.
The VTDEC will contact a contractor when State spill contract cleanup work is required at a spill/incident. Based
upon previous experience, the VTDEC anticipates that each contractor shall perform from 10 to 50 spill cleanups
during the contract period. However, it is possible that a selected contractor will not conduct any spill cleanups
during the contract period (although this is very unlikely).
The VTDEC reserves the right to solicit contractors for spill cleanup work through the normal competitive bid
process in cases where it is deemed appropriate. Under no circumstances will a contractor working under
contract in response to this RFP invoice greater than $100,000 for any one spill/incident. This is in accordance
with Vermont State Environmental Contingency Law.
Scope of Work
In general, the contractor shall perform spill cleanup work in accordance with the current VTDEC procedures
and at the direction of the VTDEC Spill Response Team Member directing cleanup work at a spill/incident.
Details of activities when responding to a specific spill or to assess work needed are described below:
Site Specific Health and Safety Plan (HASP)
Performance of the spill response requires the contractor to prepare a site-specific Health and Safety Plan
(HASP) which complies with the requirements of 29 CFR 1910.120. This HASP may be prepared from a generic
spill response HASP.
The spill and task specific HASP must comply with federal 29 CFR 1910.120 "Hazardous Waste Operations and
Emergency Response" (HAZWOPER) requirements. All sub-contractors shall be covered by the HASP. The HASP,
at a minimum, shall provide a well-organized structure for the hazardous waste activities related to the
hazardous of all spills, and the specifics of this spill, indicating: specific organizational roles and responsibilities;
that each project team has sufficient technical resources and training to complete their tasks; definition of roles,
and communication channels; and emergency response routes and procedures.
This HASP will cover hazards associated with documented contamination at the spill and will also be used in
areas where unknown contaminants are expected to be encountered. It includes on-site monitoring by an
environmental professional in contaminated areas, soil and groundwater screening levels, required type of
personal protective equipment and action levels to determine when each type of protective equipment is to be
used, and minimum worker training requirements. In all cases Occupational Safety and Health Administration
(OSHA) worker safety requirements including 29CFR 1920.120 must be met and will be the responsibility of the
spill response contractor.
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Work Plan Development / Site Specific Cost Estimate
Once the emergency phase of the spill has been mitigated, spill cleanup activities require the preparation of a
spill response mitigation plan and/or spill investigation work plan & cost estimate, which describes in detail the
schedule and actions needed for additional cleanup and/or investigation. The activities performed during the
investigation should be selected to achieve the goals stated below (see Phase II Spill Investigation). The work
plan & cost estimate will be submitted to and approved by the Spill Program Spill Response Team Member of
the Waste Management Prevention Division (WMPD) prior to the start of additional work at the spill/incident
Phase II Spill Investigation
Once the surface spill cleanup and other time sensitive cleanup activities are complete, an investigation into the
remaining contamination from the spill may need to be performed to determine the remaining source(s), degree
and extent of contamination at the spill, and to evaluate risk to sensitive receptors. The contractor shall be
capable of, or have State approved subcontractors available to, at a minimum, perform the following spill
• Site surveys (may include physical features, geological features, geophysical surveys, soil gas
• Site plan and location map preparation (including GPS location of the spill location
[latitude/longitude, 5-meter accuracy]), surface and subsurface features, groundwater level
contours, compound-specific contaminant isoconcentration contours, spill location specific geologic
• Identification of actual and potentially hazardous waste sources;
• Installation of monitoring wells, piezometers, test pits or other exploratory techniques for
evaluation of the spill site (including direct-push technology);
• Collection and analysis of soil, soil vapor, sediment, water and air samples to determine type,
degree, and extent of contamination. The contractor shall indicate their ability to perform low flow
• Determination of spill location specific geologic and hydrogeologic characteristics (including
collection of core samples, soil characterization tests, vapor pump tests, aquifer pump tests, slug
tests, geophysical surveys, fracture trace analysis);
• Determination of receptors impacted or threatened by contamination (including collection of air,
soil and water samples from receptor locations);
• Determination of exposure to released contaminants (including indoor air vapor surveys, packer
• Ability to provide field screening and field analytical services. Examples of techniques that may be
required are photoionization detector, explosimeter, %O2-LEL meter, gas chromatograph,
immunoassay, field laboratories, and detector tubes.
• Contractors will have their Standard Operating Procedures (SOP) for sample collection made
available to the State upon request.
At the State’s discretion, the site investigation may be turned over to the Responsible Party (RP) or a Site
Investigation Contractor following the initial spill cleanup.
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Spill Summary Report
The Spill Summary Report shall include: a description of the cleanup process, paperwork for the disposal of the
waste, confirmatory sample results, and pictures/maps showing exactly what work was performed. The
following laboratory quality control data shall be included with each analytical test results report, or made
available upon request:
• Sample collection, extraction (if applicable), and analysis dates; Compound-specific practical
• For organics, the results of surrogate spikes and matrix spikes (reported as percent recoveries), and lab
duplicates (reported as relative percent difference);
• For metals, the results spikes (reported as percent recoveries) and lab duplicates (reported as relative
• For soils and sediments, the percent moisture must be reported, and the report must specify if the
results are on a dry-weight basis or a wet-weight basis; and
• Identification of quality control data which falls outside of the acceptable range for the applicable
method of analysis.
For spills involving heating fuels, reporting must meet the criteria outlined in Subchapter 5 of the IRule.
Miscellaneous Consultant Services
The Agency may require contractor/consultant services not specified in the work descriptions above (e.g.
expert testimony, report preparation on special topics). The contractor shall make themselves available for
performing these miscellaneous services.
Disposal of Hazardous Wastes
The contractor will be expected to dispose of or coordinate disposal of any collected hazardous waste
following all appropriate regulations. If the contractor plans on subcontracting this task, the contractor
will have to provide to the State a fully completed Request for Approval to Subgrant/Subcontract indicating
who is the sub-contractor they are planning on using. The Contractor/Consultant should not go into contract
with a sub-contractor without prior approval from the State.
The Contractor will mobilize to respond to the spill upon verbal notification from the State’s Spill Response
The Contractor will have 24 hour on-call capability. The contractor must have a means of contact that will
ensure a response to VTDEC within 15 minutes of initial contact.
See Deliverables Table in Deadlines and Content of Proposals section for all deliverables that must be
included in the proposal.
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Funding and Method of Payment
Funding for the work performed by selected contractors and their sub-contractors is available from the
Environmental Contingency Fund (ECF). Payment is contingent upon available funding. All payments will be
made after satisfactory completion of each deliverable as outlined in an agreement between the State and the
All work is to be completed between January 1, 2020 to December 31, 2021. Specific deliverable deadlines are
indicated in the sample deliverables table below.
Awardees must maintain written procedures for procurement transactions. Any equipment, supplies, and/or
services procured outside of an awardee’s organization will need to be obtained per the awardee’s
procurement or purchasing policy.
Deadlines and Content of Proposals
All questions are required to be submitted electronically via email to Maria Davies
at firstname.lastname@example.org by November 1, 2019 12:00 pm (noon) EDT using the subject
line “2019 Hazardous Waste Spill Clean Up RFP Questions.”
All proposals must be submitted electronically via email to Maria Davies by
November 15, 2019 4:00 pm EDST using the subject line “2019 Hazardous Waste Spill Clean Up
Proposals are anticipated to be opened November 18, 2019 at 9:00 am EDST.
Proposal preliminarily accepted by DEC is anticipated to be notified no later than December 6,
All proposals must include the following information:
• Proposals must clearly address each of the selection criteria identified in this RFP below.
• A detailed scope of work describing how the deliverables will be met. Describe how you will comply
with each section of the HASP development, and Phase II Spill Investigations.
• A statement identifying individuals who were involved in the preparation of the proposal as well as a
single point of contact.
• Provide your company’s billing rates for personnel and equipment. Include overtime rates,
equipment/material rates, and subcontractor markups. Specify units for rates provided (i.e.
sorbent/bail, Level B for set period including labor, specify size of equipment), rates must include
hourly and daily rates. Rates cannot exceed the Vermont Petroleum Cleanup Fund (PCF) allowable
billing rates and markups schedule.
• Provide a detailed list of specific items and associated rates that are most commonly utilized during a
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