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PA Bulletin, Doc. No. 24-1498

NOTICES

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

Retention of Environmental Engineering Firms; Project Reference No. FDC-500-818

[54 Pa.B. 6602]
[Saturday, October 19, 2024]

 The Department of Conservation and Natural Resources (Department) is issuing this Request for Proposals (RFP) from interested and qualified design professional firms (Consultant) for an open-end contract or contracts to perform environmental engineering design services for various projects located in State forests and State parks throughout this Commonwealth. The contract or contracts will be for a 12-month period with four 12-month extensions possible. Projects will be assigned on an as needed basis to ensure proper and safe operations of the Department's infrastructure and facilities. The contract or contracts will be managed by the Department's Bureau of Facility Design and Construction (Bureau).

 The number of open-end contracts and the dollar amount of each contract will be at the discretion of the Department for the first year. The extent of the work for the subsequent 4 years of the contract will be dependent on the availability of additional funds and additional projects for those years, also at the discretion of the Department.

 Proposals will only be accepted from individuals, firms or corporations duly authorized to engage in the practice of engineering. If an individual, firm or corporation not authorized to engage in the practice of engineering wishes to submit a proposal, the individual, firm or corporation may do so as part of a joint venture with an individual, firm or corporation which is permitted under State law to engage in the practice of engineering in this Commonwealth.

Background

 Established on July 1, 1995, the Department is charged with: maintaining and preserving the 124 State parks; managing the 2.2 million acres of State forest land; providing information on the ecological and geologic resources in this Commonwealth; and establishing community conservation partnerships with grants and technical assistance to benefit rivers, trails, greenways, local parks and recreation, regional heritage parks, open space and natural areas.

 The Bureau provides multidisciplined facility and infrastructure technical support to the other bureaus in the Department in the areas of project design, project inspections, construction management, contract administration, surveying, and other technical advice and consultation. This Bureau is comprised of three divisions: Dams, Bridges and Roadways Engineering; Environmental Engineering and Architecture; and Field Engineering and Contracts Management.

 The Bureau's Central Office (located in Harrisburg) is responsible for the development of architectural, landscape architectural, water and sanitary, bridge and roadway, and civil and environmental projects required to support the Department's facility construction and maintenance program. The Central Office is comprised of five design sections: Architectural Design; Landscape Design; Sanitary and Water Management; Bridges and Road Management; and Civil Design. In addition to project design, staff also provides technical architectural and engineering support and advice to assist field operations in State parks and State forests.

 The Bureau also has four field offices: Northcentral Office in Emporium; Western Office in Moraine State Park; Southcentral Office in Shawnee State Park; and Eastern Office in Nockamixon State Park. Each office is responsible for providing direct engineering and technical support to the State parks and State forests field operation staff in their area. Staff is responsible for project inspection and construction management to ensure contractor compliance with the construction contract documents as well as some project design.

PART I
GENERAL INFORMATION

 I.1. Issuing Office. The Department has issued this RFP on behalf of the Commonwealth. The sole point of contact for this RFP will be the Issuing Officer listed as follows. Refer all inquiries to the Issuing Officer, Ryan Rhoades, Department of Conservation and Natural Resources, Bureau of Facility Design and Construction, P.O. Box 8451, Harrisburg, PA 17105-8451, 400 Market Street, 8th Floor, Harrisburg, PA 17101, ryanrhoade@pa.gov.

 I-2. Purpose. Services to be provided primarily will be environmental engineering in nature but may also include associated architectural, site, civil, landscape, structural, mechanical, plumbing and electrical disciplines. They may occasionally include other related engineering work such as bridges, roadway, geotechnical, alternative energy and utility infrastructure. Project types may include, but are not be limited to, water and sewage conveyance and treatment systems, stormwater management, erosion and sediment control, site design, public bathing places (for example, swimming pools and water playgrounds), environmental and wetland assessments, environmental studies, environmental permitting and other civil/environmental engineering-related work as assigned by the Department.

 Construction budgets for typical projects have ranged from as low as $10,000 to as high as $7 million. The average construction budget is likely to be less than $2 million. Consultants should give strong consideration to the typical project size when submitting a proposal in response to this RFP.

 Services anticipated under the contract may include project planning, scoping and programming; budget estimating; site visits; existing facility review, assessment and documenting; necessary field surveys; plot topography and cross sections; procurement of core borings; providing soil, infiltration, percolation and foundation engineering reports; investigating utility involvement; evaluating alternatives using benefit/cost analysis; life cycle cost analysis; inspecting simple, major and unusual structures; developing rehabilitation strategies; environmental, historical and cultural clearances; conceptual design; design development; construction documentation including preparation of drawings and specifications; detailed cost estimating; alternatives costs analysis; utility coordination; permit preparation and submission; and construction administration including construction submission review and construction inspection. Permitting services may include Public Water Supply Permit Applications, Sewage Planning and NPDES Permitting, Water Quality Management Permits (WQG-01/WQG-02), Pa DEP Chapter 102 Erosion and Sediment Control Plans and PAG-02 NPDES Construction Stormwater, Pa DEP Chapter 105 Water Encroachments Permits (GP-1 through GP-11 and Army Corps of Engineers Section 401/404 Individual Permits), Storm Water Management Plans, Land Development Plans and PA UCC Building Permits.

 Areas of related environmental studies associated with these design projects may include, but are not limited to, geological studies, ecological studies, site design, water and wastewater, Act 537 planning, stream and wetland delineations, soil studies and testing, Pennsylvania Natural Diversity Inventory searches and rare, threatened and endangered species surveys. The environmental studies shall be conducted in accordance with accepted analysis techniques and methodologies and may include any or all of the following to ensure a complete environmental investigation has been performed: providing all necessary environmental services, material and equipment necessary to collect, analyze and organize data; assessing impacts; and preparing reports and design mitigation plans. The reports and other graphic material to be prepared may include, but are not limited to, plans of study, meeting minutes, preparation of permit application documents, mitigation plans and reports, and wetland and floodplain findings.

 Work should be performed with a focus on environmentally sustainable design and construction principles and practices and climate change adaptation, mitigation and resiliency. Projects designed under this contract must achieve a high level of environmental performance, durability, energy and resource efficiency, and healthy air quality through integrated design and sustainable practices, features and technologies. Designs must implement financially feasible and technologically sound strategies to conserve energy and to surpass current norms for water conservation, waste management and recycling. Furthermore, the quality of the indoor environment (including quality of indoor air, light, acoustics and personal controllability of building systems) must be of primary consideration. Sustainability must be incorporated into the earliest design decisions.

 Projects will be located throughout this Commonwealth. The Consultant will be required to travel to the project sites.

 The Department will make project assignments through individual Work Orders. The scope of the Work Order may range from full responsibility for all aspects of the design to a collaborative design effort with Department in-house staff where only one or more specific design disciplines are required. Work Orders may be for a single phase or portion of a project, such as conceptual design, or for all phases of the entire project. The work will be identified in the Work Order by a series of tasks that encompass the full scope of the project. The number and description of the tasks will vary based on a project's scope and complexity. A typical Work Order will require formal submissions at the end of the sketch (10%), preliminary (50%), prefinal (95%) and final (100%) design stages. Complexity may require more or less submissions for certain projects. The Consultant will be required to develop and maintain a detailed project schedule showing all related project tasks including design phases, submissions, review periods and timelines for required permits. The project schedule will identify the critical path for completion for the project. The Bureau will assign a Project Coordinator to each Work Order. The Project Coordinator may change from project to project. A performance review may be performed by the Project Coordinator at the completion of the Work Order and may be used in assigning additional projects to the Consultant.

 The Department's standard contract method is multiple prime, design-bid-build, although other contract methods, such as design-build or nonbid construction methods, including construction by Department staff, may be used. The Consultant will be required to prepare construction documents appropriate to the contract method selected by the Department.

 The Consultant will be required to submit project data and documents in both written and electronic form. Drawings will be required to comply with the Department's computer aided drafting (CAD) standard. Three- dimensional drawings will be expected throughout the design process and presentation renderings may be required at the completion of design.

 I-3. Qualifications. The Consultant shall have staff available to provide rapid services associated with assigned projects. The Consultant may be called upon to provide services on multiple projects at the same time. The Consultant shall have demonstrated knowledge of the building design and construction method.

 The following minimum qualifications will be required of all Consultants:

 • Possess current professional registrations required to perform required services.

 • Be licensed to conduct business in this Commonwealth.

 • Have sufficient staff or subconsultants experienced in the various required services.

 • Have an established quality control and assurance program that includes all members of the design team including subconsultants, for checking documents for accuracy, consistency, coordination, quality and compliance with all necessary codes and regulations and Department standards.

 • Have experience in the field of sustainable building design and a demonstrated ability to comprehensively integrate the concept of sustainability into the project.

 • Have design capabilities in digital format (AutoCAD).

 • Have the ability to produce three-dimensional drawings to further illustrate design intent.

 I-4. Type of Contract. The type of contract as a result of this RFP will be an open-end, requirements contract. The Department will assign work on an as needed basis as determined by the Department. Reimbursement for services will be by either fixed fee percentage based upon project allocation or hours of service per task and qualifying expenses. Reimbursement type may vary from project to project and will be at the Department's discretion. Bureau staff will review and, when applicable, approve the work. The selected Offerors will be expected to enter into an agreement for professional services with the Department in substantially the same form as the contract found at https://www.dcnr.pa.gov/Business/ConstructionBids/Pages/default.aspx.

 I-5. Small Diverse Business and Veteran Business Enterprise Information. For projects where the scope of the design work is estimated at $600,000 or greater, the Department may include requirements regarding Small Diverse Business (SDB) or Veteran Business Enterprise (VBE) participation through the setting of SDB and VBE participation goals. Those goals will be calculated for each individual Work Order based upon the scope of the design work and available SDB or VBE firms, but they will not be greater than 16% for SDB participation and 3% for VBE participation. SDB and VBE participation goals—and commitments made toward meeting those goals—will be calculated based upon the cost of the Work Order for that project. For a Consultant to be retained for the Work Order, the Consultant must agree to meet both project-specific goals in full or receive an approved waiver for any unmet portion of the goals. Commitments to utilize SDBs and VBEs for a project will become contractual obligations of the Consultant for that Work Order.

 Only those firms that have received a Department of General Services (DGS) issued SDB or VBE verification as of the Work Order submittal date and time can be used towards meeting SDB and VBE participation goals. Because the SDB and VBE verification process can take up to 6 months and the Department anticipates that the response times for these projects may be very short, the Department encourages firms who may be eligible for SDB or VBE verification to begin the process immediately. Information regarding SDB or VBE verification is available at https://www.dgs.pa.gov/Small%20Diverse %20Business%20Program/Documents/Small%20Business %20Application%20Guide.pdf.

 Offerors can locate DGS-verified SDBs and VBEs within the Supplier Search database at http://www.dgs. internet.state.pa.us/suppliersearch.

 Additional information regarding the SDB and VBE participation requirements will be provided along with each project scope.

 I-6. Worker Protection and Investment. Under Executive Order 2021-06, Worker Protection and Investment (October 21, 2021), the Commonwealth is responsible for ensuring that every worker in this Commonwealth has a safe and healthy work environment and the protections afforded them through labor laws. Contractors of the Commonwealth must certify that they are in compliance with all applicable State labor and workforce safety laws in this Commonwealth. The certification must be made through the Worker Protection and Investment Certification Form (BOP-2201) and submitted with the proposal. See Part II, Section II-1, J.

 I-7. Rejection of Proposals. The Issuing Office may, in its sole and complete discretion, reject any proposal received as a result of this RFP.

 I-8. Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract.

 I-9. Questions and Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by e-mail (with the subject line ''Project Reference No. FDC-500-818 Question'') to the Issuing Officer named in Part I, Section I-1 of this RFP. Questions must be submitted as individual questions. Questions must be submitted no later than 7 days prior to the proposal response date. Offerors shall not attempt to contact the Issuing Officer for questions by any other means. Questions and responses are considered an addendum to, and part of, this RFP. The Issuing Office is not bound by any verbal information, nor is it bound by any written information that is not either contained within the RFP or formally issued by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or the solicitation.

 I-10. Addenda to the RFP. If the Department deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to the Department's web site at https://www.dcnr.pa.gov/Business/ConstructionBids/Pages/default. aspx. It is the Offeror's responsibility to periodically check the web site for any new information or addenda to the RFP.

 I-11. Response Date. To be considered for selection, electronic proposals must be submitted on or before the time and date specified. The Issuing Office will reject any late proposals.

 I-12. Notification of Selection. The Department will notify offerors whose proposals are not selected when the Department has successfully completed contract negotiations and has received the final negotiated contract signed by the selected Offeror.

 I-13. Debriefing Conference. The Department will not offer a debriefing session to the unsuccessful Offerors.

PART II
PROPOSAL REQUIREMENTS

 Offerors must submit their proposals in the format, including heading descriptions, outlined as follows. To be considered, the proposal must respond to all requirements in this part of the RFP. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal.

 II-1. Technical Submittal. Proposals must include the following items and information:

 A. Proposal Cover Sheet (Appendix A).

 B. A description of the Offeror's understanding of the Department's needs and the services required. This description must include why and how the Offeror is qualified to provide these services.

 C. A description of the Offeror's project approach and methodology, including the approach to the managerial, technical and administrative aspects of the project. Describe how the scope, schedule, budget and quality of a project are managed and controlled. Address communication and coordination strategies internal to the design team, with subconsultants, with the client and with other outside agencies. Describe how an integrated design process is approached and has been used on past projects.

 D. A description of the Offeror's sustainable design experience, including specialized knowledge and expertise in as many of the following areas of sustainable design as possible: environmentally sound site design and planning; sustainability performance standards for energy efficiency; water efficiency; indoor air quality; environmentally sound materials; construction waste management and prevention; and low maintenance design and materials. Include a description of how sustainable design is made an integral part of the Offeror's building design process.

 E. A detailed description of the Offeror's quality control and assurance program, including how subconsultants are included in this program. Describe what steps are taken to ensure accurate, fully coordinated construction documents. Provide the name of the person responsible for quality control and describe their qualifications to perform this task.

 F. A description of the Offeror's qualifications to complete the required services. Include firm history and experience on similar projects. Describe the resources of the firm, including number/discipline of personnel, ability to respond to schedule acceleration and the like. Include roles and experience of proposed subconsultants.

 G. Resumes of personnel who will be involved in providing the services described in this RFP to the Department. Describe their relevant experience, years of experience, what roles they will fill in providing the required services and percent of time they will be committing to Department-assigned projects. The resumes must include their professional education and professional registrations and licenses. Provide resumes of subconsultant's personnel.

 H. A description of the Offeror's ability to work on multiple projects of various sizes at the same time.

 I. A list of at least three of the Offeror's most recent completed projects similar to the projects anticipated under the contract. In addition to photographs and a descriptive narrative, the list must include the client, contact person and contact information, the completion date, the estimated or actual total construction cost, the estimated or actual construction cost of the portion of the work that the firm designed, the firm's Project Manager and the names of all of the firm's personnel who made contributions to the project.

 J. A standard Design Professional Selection Application for Professional Services Form (Appendix B), indicating the individual in charge. Additional information pertinent to the Offeror's qualifications to do the work of this contract may be included on this form.

 K. Worker Protection and Investment Certification Form (BOP-2201) (Appendix C), certifying that the Offeror is in compliance with all applicable State labor and workforce safety laws, in this Commonwealth.

 II-2. Proposal Submission. Offerors must submit their proposals electronically on a flash drive in PDF format to be considered. The flash drive must clearly identify the Offeror and include the name and version number of the virus scanning software that was used to scan the flash drive before it was submitted.

 Proposals must be signed by an official who is authorized to bind the Offeror to its provisions.

 Offerors must submit a complete proposal. Failure to include any of the required information or forms will delay evaluation of the proposal and may, at the Commonwealth's sole discretion, result in its rejection.

 Proposals must be submitted in a sealed envelope with the words ''Proposal'' printed boldly on the front of the envelope. Also show the following information on the front of the envelope: Project Reference No. FDC-500-818, Due Date—11/19/2024.

 Proposals must be submitted to the address of the Issuing Office indicated in Part I, Section I-1 of this RFP.

 Proposals must be received in the Issuing Office no later than 4 p.m. on 11/19/2024.

 Mail is processed through a central processing location for this Commonwealth so Offerors must allow sufficient time for their proposals to arrive at the Issuing Office. It is therefore suggested that Offerors deliver their proposals through an overnight delivery service so that the time and date of delivery is recorded. This will ensure that a proposal received at the central processing location on or before the date on which proposals must be received will be considered timely received. However, even if overnight delivery is used, the Offeror is still responsible for ensuring that its proposal is received by the date and location specified. A proposal that is not received on time will result in the proposal being rejected as late and returned to the Offeror unopened.

 II-3. Offeror's Representations and Authorizations. By submitting its proposal, each Offeror understands, represents and acknowledges that:

 A. The Offeror's information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contracts. The Commonwealth will treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

 B. The Offeror has not attempted, nor will it attempt, to induce any firm or person to refrain from submitting a proposal on this contract.

 C. The Offeror makes its proposal in good faith and not under any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

 D. To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last 4 years been convicted of or found liable for any act prohibited by Federal or State law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal.

 E. To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any State tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth.

 F. The Offeror is not currently under suspension or debarment by the Commonwealth, any other Federal or State government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make the certification.

 G. The Offeror has not made, under separate contract with the Issuing Office, any recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal.

 H. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's taxes in this Commonwealth, unemployment compensation and workers' compensation liabilities.

 I. Until the selected Offeror receives a fully executed and approved written contract from the Issuing Office, there is no legal and valid contract, in law or in equity and the Offeror shall not begin to perform.

 J. The Offeror is not currently engaged and will not, during the duration of the contract, engage in a boycott of a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce.

PART III
SELECTION AND AWARD

 III-1. Selection Criteria. The Department will evaluate proposals based on the following criteria:

 A. Consultant's and subconsultant's experience on past projects of similar scope, type and size.

 B. Consultant's staff qualifications, experience and ability to perform the required services, including available manpower to perform the required services. This includes the qualifications, experience and abilities of subconsultant's staff.

 C. Consultant's understanding of the problem and the services required.

 D. Consultant's project approach and methodology.

 E. Consultant's knowledge and experience with environmentally sustainable design.

 F. Consultant's quality control and assurance program and procedures.

 G. Equitable distribution of contracts.

 III-2. Final Ranking and Award. The Issuing Office will rank responsible Offerors according to the total overall score assigned to each, in descending order. It is the intent of the Department to select more than one Offeror for projects to be assigned on a regional basis. The Issuing Office may reject all proposals or cancel this RFP at any time prior to the time a contract is fully executed when it is in the best interests of the Commonwealth. The reasons for the rejection or cancellation will be made part of the contract file.

CINDY ADAMS DUNN, 
Secretary


FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM WITH THE OFFEROR'S PROPOSAL MAY RESULT IN THE REJECTION OF THE OFFEROR'S PROPOSAL










APPENDIX C


[Pa.B. Doc. No. 24-1498. Filed for public inspection October 18, 2024, 9:00 a.m.]



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