NOTICES
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Retention of an Archaeological Consulting Firm Project Reference No. FDC-500-923
[40 Pa.B. 1776]
[Saturday, April 3, 2010]The Department of Conservation and Natural Resources (Department) will retain an Archaeological Consultant to conduct Phases 1—3 surveys at various State parks and State forests in this Commonwealth. This Consultant's area of responsibility shall include projects throughout the entire Commonwealth. Bureau of Facility Design and Construction (Bureau) personnel will identify the sites to be surveyed.
The services shall include, but are not limited to, the required archaeological surveys and subsequent reports for each project. These surveys and reports are for support of the Bureau's construction program. It is important that, upon assignment of a specific site, the selected firm must be capable of completing the surveys and reports in a timely and expedient manner. The selected firm may be required to complete surveys on multiple sites concurrently and complete and submit reports to the Bureau in a format acceptable to the Historical and Museum Commission (Commission). All work will be performed in accordance with the Commission's Guidelines for Archaeological Investigation (November 2008). The contract shall be based on the hours of service and qualifying expenses not exceeding the contract amount. Reports will be mailed to the Commission. The Bureau will receive a duplicate copy of the report. The survey reports will be reviewed by Bureau personnel and, when acceptable, approved by the Bureau. The Bureau will obtain other agency approvals necessary.
Interested professionals and firms must be listed in the most recent edition of Archaeological Consultants as maintained by the Commission. Personnel involved in providing these services shall have at least the minimum educational and professional experience requirements as defined by the Commission in Appendix B of A Comprehensive State Plan for the Conservation of Archaeological Resources, Volume I; PHMC; 1985.
SPECIAL PROVISIONS CONCERNING DISADVANTAGED BUSINESSES AND ENTERPRISE ZONE BUSINESSES FOR REQUESTS FOR PROPOSALS [NOTE: If the contract involves the use of Federal highway, transit or aviation funds originating from the Federal Highway Administration (FHWA), the Federal Transit Administration (PTA), the Federal Aviation Administration (FAA) or the National Highway Transportation Safety Administration (NHTSA), then the requirements of the Federal Disadvantaged Business Enterprise (DBE) Program set forth in Title 49 Code of Federal Regulations Part 26 must be adhered to in lieu of the standard requirements of this Section. Otherwise, use the text provided in this Section in its entirety.]
PART I. General Information (must be inserted in Part I of every RFP)
Disadvantaged Business Information
The Issuing Office 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:
a. 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
b. United States Small Business Administration certified 8(a) small disadvantaged business concerns.
c. Businesses that BMWBO determines meet the Small Business Administration criteria for designation as a small disadvantaged business.
Small businesses are businesses in the United States which are independently owned, are not dominant in their field of operation, employ no more than 100 full-time or full-time equivalent employees, 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 of minority groups, who are subject to racial or ethnic prejudice or cultural bias, but which do not qualify as small businesses. 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 & Women Business Opportunities, Room 611, North Office Building, Harrisburg, PA 17125, (717) 783-3119, fax (717) 787-7052, e-mail:gs-bmwbo@state.pa.us, web site: www.portal.state.pa.us/portal/server.pt?open=512&objID =1360&mode=2.
A database of BMWBO-certified minority- and women-owned businesses can be accessed at www.dgsweb.state. pa.us/mbewbe/VendorSearch.aspx. 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 Issuing Office encourages participation by small businesses, whose primary or headquarters facility is physically located in areas the Commonwealth has identified as Designated Enterprise Zones, as prime contractors, joint ventures and subcontractors/suppliers.
The definition of headquarters includes but is not limited to an office or location that is the administrative center of a business or enterprise where most of the important functions of the business are conducted or concentrated and location where employees are conducting the business of the company on a regular and routine basis so as to contribute to the economic development of the geographical area in which the office or business is geographically located.
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, e-mail: akartorie@state.pa.us.
PART II. Disadvantaged Businesses Submittal (must be inserted in Part II of every RFP)
a. Disadvantaged Business Information.
i) To receive credit for being a Small Disadvantaged Business or a Socially Disadvantaged Business or for entering into a joint venture agreement with a Small Disadvantaged Business or for subcontracting with a Small Disadvantaged Business (including purchasing supplies and/or services through a purchase agreement), an Offeror must include proof of Disadvantaged Business qualification in the Disadvantaged Business Submittal of the proposal, as indicated as follows:
1) A Small Disadvantaged Business certified by BMWBO as an MBE/WBE must provide a photocopy of their BMWBO certificate.
2) Businesses certified by the United States Small Business Administration under Section 8(a) of the Small Business Act (15 U.S.C. § 636(a)) as an 8(a) small disadvantaged business must submit proof of U.S. Small Business Administration certification. The owners of such businesses must also submit proof of United States citizenship.
3) Businesses, which assert that they meet the United States Small Business Administration criteria for designation as a small disadvantaged business, must submit: a) self-certification that the business meets the Small Business Administration criteria; and b) documentary proof to support the self-certification. The owners of such businesses must also submit proof of United States citizenship, and provide any relevant disadvantaged business certifications by other certifying entities.
4) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or United States Small Business Administration certification as an 8(a) or self-certification as a United States Small Business Administration small disadvantaged business, must attest to the fact that the business has 100 or fewer employees.
5) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or United States Small Business Administration certification as an 8(a) or self-certification as a United States Small Business Administration small disadvantaged business, must submit proof that their gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.
ii) All companies claiming 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:
1) Be rooted in treatment which the business person has experienced in American society, not in other countries.
2) Show prejudice or bias that is chronic and substantial, not fleeting or insignificant.
3) Indicate that the business person'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.
iii) In addition to the above verifications, the Offeror must include in the Disadvantaged Business Submittal of the proposal the following information:
1) Those Small Disadvantaged Businesses submitting a proposal as the Offeror, must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Offeror and not by subcontractors and suppliers.
2) Those Small Disadvantaged Businesses submitting a proposal as a part of a joint venture partnership, must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Small Disadvantaged Business joint venture partner and not by subcontractors and suppliers or by joint venture partners who are not Small Disadvantaged Businesses. Offeror must also provide:
a) The amount of capital, if any, each Small Disadvantaged Business joint venture partner will be expected to provide.
b) A copy of the joint venture agreement signed by all parties.
c) The business name, address, name and telephone number of the primary contact person for the Small Disadvantaged Business joint venture partner.
3) All Offerors must include a numerical percentage which represents the total percentage of the total cost in the Cost Submittal that the Offeror commits to paying to Small Disadvantaged Businesses as subcontractors. To support its total percentage DB subcontractor commitment, Offeror must also include:
a) The dollar amount of each subcontract commitment to a Small Disadvantaged Business;
b) The name of each Small Disadvantaged Business. The Offeror will not receive credit for stating that after the contract is awarded it will find a Small Disadvantaged Business.
c) The services or supplies each Small Disadvantaged Business will provide, including the time frame for providing the services or supplies.
d) The location where each Small Disadvantaged Business will perform services.
e) The time frame for each Small Disadvantaged Business to provide or deliver the goods or services.
f) A signed subcontract or letter of intent for each Small Disadvantaged Business. The subcontract or letter of intent must identify the specific work, goods or services the Small Disadvantaged Business will perform and how the work, goods or services relates to the project.
g) The name, address and telephone number of the primary contact person for each Small Disadvantaged Business.
4) The total percentages and each subcontractor commitment will become contractual obligations once the contract is fully executed.
5) The name and telephone number of the Offeror's project (contact) person for the Small Disadvantaged Business information.
iv) The Offeror is required to submit two copies of its Disadvantaged Business Submittal. The submittal shall be clearly identified as Disadvantaged Business information and sealed in its own envelope, separate from the remainder of the proposal.
v) A Small Disadvantaged Business can be included as a subcontractor with as many prime contractors as it chooses in separate proposals.
vi) An Offeror that qualifies as a Small Disadvantaged Business and submits a proposal as a prime contractor is not prohibited from being included as a subcontractor in separate proposals submitted by other Offerors.
b. Enterprise Zone Small Business Participation.
i) 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, an Offeror must include the following information in the Disadvantaged Business Submittal of the proposal:
1) Proof of the location of the business' headquarters (such as a lease or deed or Department of State corporate registration), including a description of those activities that occur at the site to support the other businesses in the enterprise zone.
2) Confirmation of the enterprise zone in which it is located (obtained from the local enterprise zone office).
3) Proof of United States citizenship of the owners of the business.
4) Certification that the business employs 100 or fewer employees.
5 Proof that the business' gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.
6) Documentation of business organization, if applicable, such as articles of incorporation, partnership agreement or other documents of organization.
ii) In addition to the previously listed verifications, the Offeror must include in the Disadvantaged Business Submittal of the proposal the following information:
1) The name and telephone number of the Offeror's project (contact) person for the Enterprise Zone Small Business.
2) The business name, address, name and telephone number of the primary contact person for each Enterprise Zone Small Business included in the proposal. The Offeror must specify each Enterprise Zone Small Business to which it is making commitments. The Offeror will not receive credit for stating that it will find an Enterprise Zone Small Business after the contract is awarded or for listing several businesses and stating that one will be selected later.
3) The specific work, goods or services each Enterprise Zone Small Business will perform or provide.
4) The total cost amount submitted in the Offeror's cost proposal and the estimated dollar value of the contract to each Enterprise Zone Small Business.
5) Of the estimated dollar value of the contract to each Enterprise Zone Small Business, the percent of the total value of services or products purchased or subcontracted that each Enterprise Zone Small Business will provide.
6) The location where each Enterprise Zone Small Business will perform these services.
7) The time frame for each Enterprise Zone Small Business to provide or deliver the goods or services.
8) The amount of capital, if any, each Enterprise Zone Small Business will be expected to provide.
9) The form and amount of compensation each Enterprise Zone Small Business will receive.
10) For a joint venture agreement, a copy of the agreement, signed by all parties.
11) For a subcontract, a signed subcontract or letter of intent.
iii) The dollar value of the commitment to each Enterprise Zone Small Business must be included in the same sealed envelope with the Disadvantaged Business Submittal of the proposal. The following will become a contractual obligation once the contract is fully executed:
1) The amount of the selected Offeror's Enterprise Zone Small Business commitment;
2) The name of each Enterprise Zone Small Business; and
3) The services each Enterprise Zone Small Business will provide, including the time frame for performing the services.
PART III. Criteria for Selection (must be inserted in Part III of every RFP)
Disadvantaged Business Participation
BMWBO has established the weight for the Disadvantaged Business Participation criterion for this RFP as 10% of the total points. Evaluation will be based upon the following in order of priority:
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 an Offeror qualifies as 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
In accordance with the priority ranks listed, bonus points in addition to the total points for this RFP, will be given for the Enterprise Zone Small Business Participation criterion. The maximum bonus points for this criter- ion is 3% of the total points for this RFP. 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 an Offeror is an Enterprise Zone Small Business, the Offeror cannot enter into contract or subcontract arrangements for more than 40% of the total estimated dollar amount of the contract to qualify as an Enterprise Zone Small Business for purposes of this RFP.
PART IV, Work Statement (must be inserted in Part IV of every RFP)
Contract Requirements—Disadvantaged Business Participation and Enterprise Zone Small Business Participation
All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must also include a provision requiring the selected 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. All 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 participation portion of the joint venture.
The selected contractor's commitments to Disadvantaged Businesses and/or Enterprise Zone Small Businesses made at the time of proposal submittal or contract negotiation shall be maintained throughout the term of the contract. Any proposed change must be submitted to BMWBO, which will make a recommendation to the Contracting Officer regarding a course of action.
If a contract is assigned to another contractor, the new contractor must maintain the Disadvantaged Business participation and/or Enterprise Zone Small Business participation of the original contract.
The selected 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 Issuing Office and BMWBO within 10 workdays at the end of each quarter the contract is in force. 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 Business and/or Enterprise Zone Small Business participants involved in joint ventures. Also, this information will serve as a record of fulfillment of the commitment the selected contractor made and for which it received Disadvantaged Business and Enterprise Zone Small Business points. If there was no activity during the quarter then the form must be completed by stating ''No activity in this quarter.''
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 BUSINESSES STATUS OR ENTITLE AN OFFEROR TO RECEIVE CREDIT FOR DISADVANTAGED BUSINESSES UTILIZATION.
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, Rachel Carson State Office Building, 8th Floor, 400 Market Street, P. O. Box 8451, Harrisburg, PA 17105-8451. Contact Marcus Snyder at (717) 787-9290 for general information concerning the RFP.
Each Letter of Interest must include the firm's Federal identification number and the project reference number. The Letter of Interest shall also include a description of the firm's most recently completed archaeological survey project. The description shall include the client, contact person and phone number; the estimated or actual cost of the project; the project manager and the names of all personnel who made major contributions to the archaeological survey project. The Letter of Interest shall indicate the firm's capability of working on multiple projects at the same time and understanding of the Department's needs. A standard 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 DGS Home Page on the Internet at http://www.dgs.state.pa. Form 150-ASP may also be obtained in hard copy. Written request 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 by addressing requests to pbianchi@state.pa.us. Additional information pertinent to the firm's qualifications to do the work of this contract should be included.
Direct costs other than payroll, such as travel and subsistence, shall be based on the current State rates. Miscellaneous expenses such as copies, prints, sepias, postage and film shall be reimbursed at cost upon approval by the Department.
The following factors will be considered during the evaluation of the firm's Letter of Interest:
Criteria evaluated by the Technical review will include:
1. Professional's understanding of the problem as demonstrated in Letter of Interest, and as stated in their own interpretation of the tasks to be performed.
2. Qualifications of firm consisting of specialized experience and technical competence.
3. Professional personnel in firm.
4. Soundness of approach as demonstrated in Letter of Interest, and as stated in the firm's own interpretation of the tasks to be performed.
5. Available manpower to perform the services required and on demand response capabilities in the event of emergencies.
6. Disadvantaged Businesses participation. (Evaluated by DGS)
7. Equitable distribution of the contracts.
Each proposer shall relate their proposal to the previous criteria.
Two copies of the Disadvantaged Business section bound and sealed separately from the remainder of the proposal and six copies of the complete set consisting of the Letter of Interest and the required forms must be received no later than 4 p.m. on May 17, 2010. The six copies shall be submitted in six complete sets that shall be spiral bound or in folders or secured by binder clips. The assignment and services will be made to one of the firms responding to this notice. However, the Department reserves the right to reject all Letters of Interest submitted, cancel the solicitation requested under this notice, and/or re-advertise 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 proposal submitted and in formulating a recommendation for selections. Recommendations made by the Department shall be final.
JOHN QUIGLEY,
Acting Secretary
[Pa.B. Doc. No. 10-607. Filed for public inspection April 2, 2010, 9:00 a.m.]
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