BD27-1 Feasibility Study for Clean Water Act Section 404 Assumption

The State of Utah Division of Purchasing, in coordination with the Division of Water Quality, is seeking a vendor to conduct a feasibility study on the state's potential assumption of administrative authority over Clean Water Act Section 404 permitting, which regulates discharges of dredged and fill material into Waters of the United States. The contract, identified as BD27-1, is a solicitation for a single award based on a weighted evaluation of technical merit and cost, with a total possible score of 1,000 points. Experience and expertise carries the highest weight at 40%, followed by timeline and deliverables at 25%, proposed technical approach at 15%, and cost proposal at 20%. The project must be completed within six to nine months of contract award, with a firm deadline for the final report set for June 15, 2027, and the vendor must guarantee its pricing for the duration of the project. The estimated budget ceiling is $250,000, though no formal CLINs or line-item pricing structures are specified, and award will be based on a trade-off approach prioritizing technical superior performance over lowest cost. The scope requires technical analysis of regulatory frameworks including WOTUS versus WOTS distinctions, compliance with NEPA, ESA, NHPA, Section 401, and Utah Code 63G-27, and includes deliverables such as a draft feasibility section, stakeholder feedback sessions, and a final report, all of which become state property upon completion. The contract includes unique state-specific requirements that differ from federal FAR standards, with clauses addressing employment practices tied to Utah Executive Order 2019-1, confidentiality, termination, and changes to scope requiring mutual written agreement. Specific obligations include mandatory E-Verify usage for all employees and subcontractors, certification of no participation in boycotts of Israel, prohibitions against offering gratuities to state officials, and background checks for personnel entering state premises. All contract documents are public records under GRAMA, and any public statements about the project require prior state approval. Performance is F.O.B. Destination, meaning the vendor bears all transportation costs and responsibilities until final inspection and acceptance by the state at the delivery point, which occurs thirty days after delivery. Invoicing must occur within thirty days of delivery and include the contract number, but the payment method, remittance details, and electronic invoicing systems are undefined. The vendor must maintain insurance, including California Automobile Insurance if vehicles