[40 Pa.B. 6420]
[Saturday, November 6, 2010]
[Continued from previous Web Page]
Part I. General Information I-1. Authority and Objective. The Department of Environmental Protection (Department) is authorized under Section 905 of the Commonwealth Procurement Code (62 Pa.C.S.101 et seq.) (''CPC'') to procure professional services. Pursuant to this authority, the Department will retain two Professional Surveying/Engineering firms to provide topographic, cross sectional, and property surveys for the design and construction of flood protection, dam safety, and stream improvement projects throughout Pennsylvania.
I-2. Specific. It is the intent of the Department that the contracts awarded as a result of this RFP will be for a five (5) year period. Funding for the first year will be $150,000, with additional years' funding dependent upon the availability of funds, with an anticipated contract total of $750,000. The contracts will be based on the hours of service and qualifying expenses not exceeding the contract amount. Projects will be assigned on an as-needed basis.
Interested firms must have professional registered surveyors licensed to practice in Pennsylvania on their staffs that have experience in the types of surveys required. Small engineering/survey firms, small disadvantaged business firms, socially disadvantaged business firms and other engineering firms, which have not previously performed work for the Department, are encouraged to submit proposals.
I-3. Response Date. To be considered for selection, hard copies of proposals must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the Commonwealth office location to which proposals are to be returned is closed on the proposal response date, the deadline for submission will be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing Office will reject unopened, any late proposals.
I-4. Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a standard design professional contract, with payment to be made on a time and materials basis. The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project.
I-5. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will issue an addendum to all proposers who have requested a copy of the RFP.
I-6. Discussions for Clarification. Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and Offeror responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification.
I-7. Issuing Office. The Department of Environmental Protection (''Issuing Office'') has issued this RFP on behalf of the Commonwealth. The sole point of contact and Issuing Officer in the Commonwealth for this RFP shall be:
James J. Kernoschak, P.E., Chief
Ohio Watershed Section
Bureau of Waterways Engineering
Department of Environmental Protection,
400 Market Street, 3rd Floor RCSOB
P. O. Box 8460
Harrisburg, PA 17105-8460
E-mail address: jkernoscha@state.pa.us
Please refer all inquiries to the Issuing Officer.I-8. Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposals received as a result of this RFP.
Part II. Scope of Work II-1. Nature and Scope of the Project. Professional services will include, but may not be limited to: surveys in and along streams and floodplains to give an accurate depiction of existing field conditions for hydrologic and hydraulic modeling and analyses, with detailed survey information required at bridges and drainage structures; surveys of residential, commercial, and industrial structures/buildings including first floor and basement floor elevations; topographic surveys to be used for project design; property surveys to identify lands needed for project construction; and construction surveys to layout construction baselines and obtain cross sections for determining construction quantities.
II-2. Requirements. The Engineering/Surveying firm must have professional registered surveyors, licensed to practice in Pennsylvania, on their staffs that have experience in the types of surveys required. It is the intent of the Commonwealth to select two firms; the highest qualified firm in the eastern part of the state and the highest qualified firm in the western part of the state. However, assignments to either firm may include projects throughout the Commonwealth. Projects will be assigned on an as needed basis at the discretion of the Commonwealth. The selected firms may be required to perform work on multiple projects concurrently; therefore, it is important that the selected firms proceed with each assignment to completion on a timely basis.
II-3. Tasks and Reports
1. Prior to the Department assigning a specific project, the professional shall submit a written proposal that identifies the work elements of each task, the resources assigned to each task, the time allotted to each element, and the deliverable items produced. This may require a preliminary meeting for each project with the Department. The Department will review the proposal and when deemed satisfactory will issue a written notice to proceed to the Consultant.
2. A final report shall be submitted to the Department for each project assignment.
Part III. Disadvantaged Business Participation PART III-I. General Information
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. 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 & Women Business
Opportunities
Room 611, North Office Building
Harrisburg, PA 17125
Phone: (717) 783-3119
FAX: (717) 787-7052
Email: gs-bmwbo@state.pa.us
Website: 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
PA Department of Community and Economic Development
4th Floor Keystone Building
400 North Street
Harrisburg, PA 17120-0225
Phone: (717) 720-7409
Fax: (717) 787-4088
Email: akartorie@state.pa.us
www.newpa.com/programDetail.aspx?id=76PART III-2. Disadvantaged Businesses Submittal
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 below:
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 U.S. Small Business Administration pursuant to 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 U.S. 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 U.S. Small Business Administration certification as an 8(a) or self-certification as a U.S. 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 U.S. Small Business Administration certification as an 8(a) or self-certification as a U.S. 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 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:
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 timeframe for providing the services or supplies.
d) The location where each Small Disadvantaged Business will perform services.
e) The timeframe 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 above 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 timeframe 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 timeframe for performing the services.
PART III-3. Criteria for Selection
Disadvantaged Business Participation:
BMWBO has established the weight for the Disadvantaged Business Participation criterion for this RFP as 20% 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 above-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 below, 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 criterion 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 in order to qualify as an Enterprise Zone Small Business for purposes of this RFP.
PART III- 4. Work Statement
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.
Part IV. Criteria for Selection of Highest Qualified Firm; Fee Negotiation IV-1. Highest Qualified Firm Determination
All proposals received from Professionals will be reviewed and evaluated by the Department in accordance with the selection method set forth in Section 905 of the CPC. The Department will select two (2) firms based on qualifications, demonstrated competence, and the Department's opinion as to the firms' ability to respond and complete a requested service in a timely manner. The following factors will be considered by the technical review committee during evaluation of proposals. These factors are for guidance only and are not necessarily listed in order of weight. Each proposal shall be related to these factors.
1. Technical:
Evaluation will be based upon the following:
a. Past Record of Performance, with respect to quality of work, meeting established time schedules, and cost efficiency.
b. Experience, competence, and specialized technical skills of key personnel.
c. Ability to satisfactorily perform the services contemplated in this solicitation.
d. Projected workload and manpower availability, and how they may affect response time and the completion of requested services.
e. Equitable Distribution of Contracts to Design Professionals. The Commonwealth will make a reasonable attempt to equalize the assignment of contracts to qualified professionals.
2. Non-Technical
a. Disadvantaged Businesses participation (Evaluated by DGS).
b. Enterprise Zone Small Business participation (Evaluated by DGS).
Proposers shall relate their proposal to the above criteria.
IV-2. Fee Negotiation
In accordance with the selection method in Section 905 (g) of the CPC, once the Department has determined the highest qualified firm, it will request cost data from that firm as a basis for negotiating a fee determined to be fair and reasonable to the Commonwealth. If a satisfactory contract with this firm is not negotiated, negotiations shall be formally terminated and the Department shall begin negotiations with the firm determined to be the second highest qualified firm, and so forth, until a contract is negotiated with a firm determined to be qualified.
Part V. General Requirements for Submission Firms interested in performing the required services for this project are invited to submit Proposals to Patricia McSparran, Director, Bureau of Waterways Engineering, Department of Environmental Protection, Rachel Carson State Office Building, 3rd Floor, 400 Market Street, P. O. Box 8460 Harrisburg, PA 17105-8460. Contact James Kernoschak at 717.783.0155 for general information concerning the survey work.
Each Letter of Interest must include the firm's federal identification number and the project reference number. 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; and shall address all technical criteria for selection set forth in Section IV-1.1. A standard DGS Form 150-ASP must accompany the Letter of Interest and shall indicate the individual in charge. Form 150-ASP may be obtained from the DGS website or by contacting the Issuing Officer. Additional information pertinent to the firm's qualifications to do the work of this contract shall be included with the Letter of Interest. 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.
A complete Proposal shall consist of the following:
1. Non-Technical Submittal
One copy of the Disadvantaged Business/Enterprise Zone Small Business section, bound and sealed separately from the remainder of the proposal; and
2. Technical Submittal
Six (6) copies of the complete set consisting of the Letter of Interest and the required form 150- ASP. Proposals must be received no later than 4:00 p.m. on December 17, 2010. The six (6) copies of the Technical Submittal shall be submitted in six (6) complete sets that shall be spiral bound or in folders or secured by binder clips. The assignment of services will be made, if at all, to two 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 re-advertise solicitation for this service.
The Department will not offer a debriefing session to the unsuccessful firms. The Department disclaims any liability whatsoever as to its review of the proposal submitted and in formulating a recommendation for selections. Recommendations made by the Department shall be final.
Approval of Registration/Applications under General Permit for Short-Term Construction Project BMR-GP-103 Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
08101006. TMT Gravel and Contracting, Inc. (112 Farrier Avenue, Suite 314, Oneida, NY 13421-1637), authorization to extract sandstone, sand, and gravel in Wells Township, Bradford County to provide fill material to the Various Marcellus Well Pads construction project. Receiving stream(s): Seeley Creek and Chemung River. Application received: August 27, 2010. Permit issued: October 15, 2010.
[Pa.B. Doc. No. 10-2108. Filed for public inspection November 5, 2010, 9:00 a.m.]
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