NOTICES
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Retention of Engineering/Construction Management Firm; Project Reference No. FDC-500-761
[36 Pa.B. 963] The Department of Conservation and Natural Resources (Department) will retain an engineering firm or construction management firm for a contract to perform construction inspection services on various projects located in State Forests and State Parks throughout this Commonwealth. The contract will include inspection of construction activities for rehabilitation and replacement of bridges, roads and drainage, dams, swimming pools, sewage and water treatment systems, marinas and buildings including associated heating, plumbing and electrical work. The contract will be for a period of 1 year with a renewal option of up to 4 additional years. It is anticipated that up to eight construction inspectors may be needed to perform the required work and services at any given time. The work will be assigned by the Department on an as needed basis.
General Requirements and Information
Firms interested in performing the required services for this project are invited to submit Letters of Interest to Eugene J. Comoss, P. E., Director, Bureau of Facility Design and Construction, Department of Conservation and Natural Resources, P. O. Box 8451, Harrisburg, PA 17105-8451. Proposals can be delivered to the office which is located on the 8th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA. Questions concerning the services described in this notice may be directed to Al Thomas, Chief, Division of Field Engineering at (717) 772-0650.
Each Letter of Interest must include the firm's Federal identification number and the project reference number. The proposal shall also include a description of the firm's recent construction inspection experience. The description shall include the client's contact persons and phone numbers and the actual construction cost of the work which the firm inspected. Excessive information will not be evaluated and may be cause for rejection.
A standard Department of General Services (DGS) Form 150-ASP must accompany the Letter of Interest and shall indicate the individual in charge. The Form 150-ASP is available by downloading from the DGS home page on the Internet at www.dgs.state.pa. Form 150-ASP may also be obtained in hard copy. Written requests for hard copy should be addressed to the Selections Committee, Department of General Services, Room 206, 18th and Herr Streets, Harrisburg, PA 17125. In addition, the Form 150-ASP can be obtained by e-mail at pbianchi@ state.pa.us. Additional information pertinent to the firm's qualifications to do the work of this contract may be included. Direct costs other than payroll, such as travel and subsistence, shall be based on the current State rates. The Department shall reimburse miscellaneous expenses such as copies, prints, sepias, postage and film at cost upon approval.
Special Provisions Concerning Disadvantaged Businesses and Enterprise Zone Businesses for Requests for Proposals Disadvantaged Business Information
The Commonwealth encourages participation by Small Disadvantaged Businesses as prime contractors, joint ventures, and subcontractors/suppliers and by Socially Disadvantaged Businesses as prime contractors.
Small Disadvantaged Businesses are small businesses that are owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. The term includes: 1) Department of General Services, Bureau of Minority and Women Business Opportunities (BMWBO)-certified Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs) that qualify as small businesses; and 2) United States Small Business Administration (SBA)-certified Small Disadvantaged Businesses (SDBs) or 8(a) small disadvantaged business concerns.
Small businesses are businesses in the United States that are independently owned, are not dominant in their field of operation, employ no more than 100 persons and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).
Socially disadvantaged businesses are businesses in the United States that BMWBO determines are owned or controlled by a majority of persons, not limited to members or minority groups, who are subject to racial or ethnic prejudice or cultural bias, but which do not qualify as small businesses. In order for a business to qualify as ''socially disadvantaged,'' the offeror must include in its proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person's color, ethnic origin or gender.
Questions regarding this Program can be directed to Department of General Services, Bureau of Minority and Women Business Opportunities, Room 611, North Office Building, Harrisburg, PA 17125, (717) 787-6708, fax (717) 772-0021, gs-bmwbo@state.pa.us.
Program information and a database of BMWBO-certified minority-owned businesses and women-owned businesses can be accessed at www.dgs.state.pa.us, Keyword: BMWBO. The Federal vendor database can be accessed at www.ccr.gov by clicking on Dynamic Small Business Search (certified companies are so indicated).
Information Concerning Small Businesses in Enterprise Zones
The Commonwealth encourages participation by small businesses whose primary headquarters facility is physically located in areas designated by the Commonwealth as Designated Enterprise Zones, as prime contractors, joint ventures and subcontractors/suppliers.
Small businesses are businesses in the United States that are independently owned, are not dominant in their field of operation, employ no more than 100 persons and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).
There is no database or directory of small business located in Designated Enterprise Zones. Information on the location of Designated Enterprise Zones can be obtained by contacting Aldona M. Kartorie, Center for Community Building, Department of Community and Economic Development, 4th Floor, Keystone Building, 400 North Street, Harrisburg, PA 17120-0225, (717) 720-7409, fax (717) 787-4088, akartorie@state.pa.us.
Disadvantaged Businesses Information
To receive credit for being a Small Disadvantaged Business or a Socially Disadvantaged Business entering into a joint venture agreement with a Small Disadvantaged Business or subcontracting with a Small Disadvantaged Business (including purchasing supplies and/or services through a purchase agreement), a company must include proof of Disadvantaged Business qualification in the Disadvantaged Business submittal of the proposal:
a) Small Disadvantaged Businesses qualifying as a result of MBE/WBE certification from BMWBO must provide a photocopy of their BMWBO certificate.
b) Disadvantaged Businesses qualifying as a result of certification from the United States Small Business Administration as an 8(a) or Small Disadvantaged Business must submit proof of Small Business Administration Certification. The owners of such businesses must also submit proof of United States citizenship.
c) Companies claiming Small Disadvantaged Business status, whether as a result of BMWBO certification or Small Business Administration certification as an 8(a) or Small Disadvantaged Business must attest to the fact that the business has 100 or fewer employees.
d) Companies claiming Small Disadvantaged Business status, whether as a result of BMWBO certification or Small Business Administration certification as an 8(a) or Small Disadvantaged Business must submit proof that their gross annual revenues are less than $20 million ($25 million for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax or audited financial statement.
Companies claming status as a Socially Disadvantaged Business must include in the Disadvantaged Business submittal of the proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person's color, ethnic origin or gender. The submitted evidence of prejudice or bias must:
a) Be rooted in treatment which the business person has experienced in American society, not in other countries.
b) Show prejudice or bias that is chronic and substantial, not fleeting or insignificant.
c) Indicate that the businessperson's experience with the racial or ethnic prejudice or cultural bias has negatively impacted on his or her entry into and/or advancement in the business world.
BMWBO shall determine whether the contractor has established that a business is socially disadvantaged by clear and convincing evidence.
In addition to these verifications, this portion of the proposal should include the following information:
* The name and telephone number of the project (contact) person for the Small Disadvantaged Businesses.
* The company name, address, telephone number of the prime contact person for each specific Small Disadvantaged Business or Socially Disadvantaged Business included in the proposal. The contractor must specify the Small Disadvantaged Businesses to which it is making commitments. The contractor will not receive credit by stating it will find a Small Disadvantaged Business after the contract is awarded or by listing several companies and stating it will select one later.
* The specific work, goods or services the Small Disadvantaged Businesses will perform or provide.
* The location where the Small Disadvantaged Businesses will perform these services.
* The timeframe for the Small Disadvantaged Businesses to provide or deliver the goods or services.
* The amount of capital, if any, the Small Disadvantaged Businesses will be expected to provide.
* The form and amount of compensation each Small Disadvantaged Business will receive. In the Disadvantaged Business submittal of the proposal, provide the estimated dollar value of the contract to each Small Disadvantaged Business.
* The percent of the total value of services or products purchased/subcontracted under the proposal that will be provided by the Small Disadvantaged Businesses.
* In the case of a joint venture agreement, a copy of the agreement, signed by all parties, must be included in the Disadvantaged Business portion of the proposal. If subcontracting, a signed subcontract or letter of intent must be included in the Disadvantaged Business portion of the proposal.
* Include in the Disadvantaged Business Submittal any and all information concerning the contractor's proposed utilization of small businesses located in Designated Enterprise Zones as required by the Enterprise Zone Small Business Utilization Response.
The Disadvantaged Business submittal of the proposal must be clearly identified as Disadvantaged Business information and sealed in an envelope separately from the remainder of the proposal. Only one copy of the Disadvantaged Business section is needed.
The dollar value of the commitment to each Small Disadvantaged Business must be sealed in the same envelope with the Disadvantaged Business submittal of the proposal. The selected contractor's Disadvantaged Business commitment amount, name of the Disadvantaged Business and services to be provided including timeframe for performing services will be included as a contractual obligation when the contract is executed.
Offerors may submit, within the same proposal envelope, alternate proposals for differing utilization of Small Disadvantaged Businesses or Socially Disadvantaged Businesses. For example, a proposal may be submitted by prime contractor with a Small Disadvantaged Business as a subcontractor while an alternate proposal may be submitted by the Small Disadvantaged Business as the prime contractor. If an alternate proposal is offered, it must include separately sealed Technical, Price and Disadvantaged Business submittals for the alternate. The alternate proposal will be scored separately. Only the higher-scored proposal (prime proposal or alternate proposal) will be eligible for participation for Best and Final Offers.
Enterprise Zone Small Business Utilization Response
To receive credit for being an enterprise zone small business or entering into a joint venture agreement with an enterprise zone small business or subcontracting with an enterprise zone small business, a company must include the following information in the Disadvantaged Business submittal of the proposal:
* Proof of the location of the business' headquarters (such as a lease or deed or Department of State corporate registration).
* Confirmation of the enterprise zone in which it is located (obtained from the local enterprise zone office).
* Proof of United States citizenship of the owners of the business.
* Certification that the business employs 100 or fewer employees.
* Proof that the business's gross annual revenues are less than $20 million ($25 million for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax or audited financial statement.
In addition to these verifications, this portion of the Submittal should include the following information:
* The company name, address, name and telephone number of the primary contact person for each Enterprise Zone Small Business included in the proposal. The contractor must specify the Enterprise Zone Small Business to which it is making commitments. The contractor will not receive credit by stating that it will find an Enterprise Zone Small Business after the contract is awarded or by listing several companies and stating it will select one later.
* The specific work, goods or services the Enterprise Zone Small Business will perform or provide.
* The location where the Enterprise Zone Small Business will perform these services.
* The timeframe for the Enterprise Zone Small Business to provide or deliver the goods or services.
* The amount of capital, if any, the Enterprise Zone Small Business will be expected to provide.
* The form and amount of compensation each Enterprise Zone Small Business will receive. In the Disadvantaged Business portion of the proposal, provide the estimated dollar value of the contract to each Enterprise Zone Small Business.
* The percent of the total value of services or products purchased/subcontracted under the proposal that will be provided by the Enterprise Zone Small Business.
* In the case of a joint venture agreement, a copy of the agreement, signed by all parties, must be included in the Disadvantaged Business Submittal of the proposal. If subcontracting, a signed subcontract or letter of intent must be included in the Disadvantaged Business Submittal of the proposal.
The dollar value of the commitment to each Enterprise Zone Small Business must be sealed in the same envelope with the Disadvantaged Business Submittal of the proposal. The selected contractor's Enterprise Zone Small Business commitment amount, name of Enterprise Zone mall business and services to be provided including timeframe for performing services will be included as a contractual obligation when the contract is executed.
Disadvantaged Business Participation
The following options will be considered as part of the final criteria for selection:
Priority Rank 1. Proposals submitted by Small Disadvantaged Businesses.
Priority Rank 2. Proposals submitted from a joint venture with a Small Disadvantaged Business as a joint venture partner.
Priority Rank 3. Proposals submitted with subcontracting commitments to Small Disadvantaged Businesses.
Priority Rank 4. Proposals submitted by Socially Disadvantaged Businesses.
Each proposal will be rated for its approach to enhancing the utilization of Small Disadvantaged Businesses and/or Socially Disadvantaged Businesses. Each approach will be evaluated with Priority Rank 1 receiving the highest score and the succeeding options receiving scores in accordance with the previously listed priority ranking.
To the extent that a proposal is submitted by a Small Disadvantaged Business or a Socially Disadvantaged Business, the Small Disadvantaged Business or Socially Disadvantaged Business cannot enter into subcontract arrangements for more than 40% of the total estimated dollar amount of the contract. If a Small Disadvantaged Business or a Socially Disadvantaged Business subcontracts more than 40% of the total estimated dollar amount of the contract to other contractors, the Disadvantaged Business Participation scoring shall be proportionally lower for that proposal.
Enterprise Zone Small Business Participation
The following options will be considered as part of the final criteria for selection:
Priority Rank 1. Proposals submitted by an Enterprise Zone Small Business will receive the highest score.
Priority Rank 2. Proposals submitted by a joint venture with an Enterprise Zone Small Business as a joint venture partner will receive the next highest score for this criterion.
Priority Rank 3. Proposals submitted with a subcontracting commitment to an Enterprise Zone Small Business will receive the lowest score for this criterion.
Priority Rank 4. Proposals with no Enterprise Zone Small Business Utilization shall receive no points under this criterion.
To the extent that a proposal is submitted as a prime contractor by an Enterprise Zone Small Business, the Enterprise Zone Small Business cannot enter into contract or subcontract arrangements for more than 40% of the total estimated dollar amount of the contract.
Contract Requirements--Disadvantaged Business Participation and Enterprise Zone Small Business Participation
Contracts containing Disadvantaged Business participation must also include a provision requiring the contractor to meet and maintain those commitments made to Disadvantaged Businesses and/or Enterprise Zone Small Businesses at the time of proposal submittal or contract negotiation, unless a change in the commitment is approved by the BMWBO. Contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must include a provision requiring Small Disadvantaged Business subcontractors, Enterprise Zone Small Business subcontractors and Small Disadvantaged Businesses or Enterprise Zone Small Businesses in a joint venture to perform at least 50% of the subcontract or Small Disadvantaged Business/Enterprise Zone Small Business portion of the joint venture.
Commitments to Disadvantaged Businesses and/or Enterprise Zone Small Businesses made at the time of proposal submittal or contract negotiation must be maintained throughout the term of the contract. Any proposed change must be submitted to BMWBO which will make a recommendation as to a course of action to the contracting officer.
If a contract is assigned to another contractor, the new contractor must maintain the Disadvantaged Businesses participation and/or Enterprise Zone Small Business participation of the original contract.
The contractor shall complete the Prime Contractor's Quarterly Utilization Report (or similar type document containing the same information) and submit it to the contracting officer of the agency that awarded the contract and BMWBO within 10 workdays at the end of each quarter the contract is in force. If there was no activity, the form must also be completed, stating ''No activity in this quarter.'' This information will be used to determine the actual dollar amount paid to Small Disadvantaged Business and/or Enterprise Zone Small Business subcontractors and suppliers and Small Disadvantaged Businesses and/or Enterprise Zone Small Businesses involved in Joint Ventures. Also, it is a record of fulfillment of the commitment the firm made and for which it received Disadvantaged Business and Enterprise Zone Small Business points.
Note: Equal employment opportunity and contract compliance statements referring to company equal employment opportunity policies or past contract compliance practices do not constitute proof of disadvantaged business status or entitle a proposer to receive credit for disadvantaged business utilization.
Additional Information and Requirements
The firm selected will be required to attend a preconstruction conference and regular job conferences with the Department and the construction contractor for each project. Under the direction of the Department, the selected firm will be required to keep records; document the construction work and provide site inspection to assure conformity with contract specifications; prepare current and final estimates for payment to the construction contractor; assist the Department in obtaining compliance with the labor standards, safety and accident prevention and equal opportunity provisions of the contract; and perform other duties as required. For bridge construction projects, the selected firm will be required to assemble pertinent construction data into a manual and submit two copies to the Department after the completion of construction.
The inspection staff must comply with at least with one of the following requirements.
1. Be certified by the National Institute for Certification in Engineering Technologies in the field of Transportation Engineering Technology, subfield of Highway Construction, at Level 2 or higher.
2. Be registered as a Professional Engineer by the Commonwealth with 1 year of construction experience acceptable to the Department.
3. Be certified as an Engineer-in-Training by the Commonwealth with 2 years of construction experience acceptable to the Department.
4. Hold a Bachelor of Science in Civil Engineering with 2 years of construction experience acceptable to the Department or a Bachelor of Science in Civil Engineering Technology with 2 years of construction experience acceptable to the Department.
5. Hold an Associate Degree in Civil Engineering Technology with 3 years of construction experience acceptable to the Department.
The contract shall be based on the hours of service and qualifying expenses not exceeding the contract amount. Inspector's work will be reviewed by the engineering staff of the Bureau of Facility Design and Construction and, when acceptable, approved by the same staff.
Maximum weights for each factor have been established by the Department. The factors shown below are for the guidance of the readers only and are not to be assigned quantitative weight. The following factors will be considered during the evaluation of the firm's Proposal:
1. Qualifications and experience of the firm's personnel
2. Particular capability to perform the required inspection
3. Understanding the Department's requirements, policies and specifications.
4. Necessary staff to perform the required work.
5. Disadvantaged Business participation.
6. Equitable distribution of contracts.
Each proposer shall relate their proposal to these criteria.
Six copies of both the proposal and the required forms and a single sealed copy of the DBE information must be received no later than 4 p.m. on April 13, 2006. The assignment of services will be made to one or more of the firms responding to this notice. However, the Department reserves the right to reject all proposals submitted, cancel the solicitation requested under this notice and/or readvertise solicitation for this service.
The Department will not offer a debriefing session to the unsuccessful firms. The Department disclaims any liability whatsoever to its review of the proposals submitted and in formulating a recommendation for selections. Recommendations made by the Department shall be final.
MICHAEL F. DIBERARDINIS,
Secretary
[Pa.B. Doc. No. 06-333. Filed for public inspection February 24, 2006, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
