NOTICES
Retention of Two Underwater Diving Consultants; Project Reference No. FDC-500-702
[37 Pa.B. 1657]
[Saturday, April 14, 2007]The Department of Conservation and Natural Resources (Department) will retain two underwater diving consultants for open-end contracts for the underwater inspection of hydraulic structures for dams owned and operated by the Bureau of State Parks and the Bureau of Forestry. Each contract 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 operation of Department infrastructure and facilities. One contract will be primarily for various projects at facilities located in the eastern half portion of this Commonwealth, and one contract will be primarily for projects at facilities located in the western half of this Commonwealth.
Typical work may consist of the inspection of control tower structures and intake structures and their appurtenances including sluice gates, trash racks, valves, ladders, pipe conduits, and the like. Each field inspection shall be supplemented by a written inspection report and an electronic version. The electronic version shall be compatible with the Department's computer system.
Letters of Interest for this project will only be accepted from individuals, firms or corporations who are certified professional divers having been trained in the inspection and evaluation of hydraulic structures. If an individual, firm or corporation not authorized to engage in the inspection and evaluation of hydraulic structures desires to submit a letter of interest, said individual, firm or corporation may do so as part of a joint venture with an individual, firm or corporation who is trained in the inspection and evaluation of hydraulic structures.
Sections 105.52 and 105.53 of 25 Pa. Code (relating to inspect and inspections by owners and inspection reports), details the conditions and requirements of inspections and their corresponding reports that are to be prepared for our submission to the Department, Bureau of Waterways Engineering and Division of Dam Safety.
General Requirements are as Follows
1. All divers shall be certified professional divers. All diving operations shall be performed in accordance with the latest revisions of the Association of Diving Contractors Consensus Standards for Commercial Diving Operations and the OSHA Commercial Diving Regulations (1810 OSHA Subpart T) in conjunction with the United States Navy Diving Manual.
2. The consultant dive team shall be trained and experienced in the inspection and evaluation of hydraulic structures. The dive team shall consist of three to five man dive crews dependent on the complexity of the inspection. The dive team shall have an effective blend of diving and engineering expertise and be knowledgeable in the inspection of the structural and nonstructural components of a dam. The dive team shall be familiar with the inspection of concrete structures, sluice gates, trash racks, gate valves, concrete conduits, and the like.
3. Firms shall be responsible for providing their own equipment for the field inspection.
4. All diving to be performed will be surface-supplied air diving. Divers shall be equipped with helmets with two-way communication. Continuous two-way voice communication shall be provided between all divers and the surface crew at all times.
5. The dive consultant shall upon notification be able to respond to a site within 24 hours. In the event of an emergency, as perceived by the Department, the dive consultant may be required to mobilize in a shorter period of time.
6. The underwater inspection shall be supplemented by a written report of the observations made. The inspection report shall include descriptions, locations, measurements and sketches for each inspection performed. The inspection report shall document all areas of deterioration, voids, damage, and the like, discovered during the inspection. Four copies of the inspection report shall be submitted to the Department. Each dam inspection shall be submitted as a separate report.
7. The inspection report shall also include a compact disc of the entire inspection to document typical conditions encountered and areas of distress. The video inspection equipment shall be equipment useful and required to view and record underwater inspections as clear pictures. Narration of the inspection shall be included on the video. Four copies of the video inspection shall be submitted along with four copies of the written inspection report for each dam. Only one dam inspection shall be included on each disc. All discs shall be clearly marked with the name of the dam and the inspection date.
Each underwater consulting firm will be evaluated upon, but not limited to, the following criteria:
1. Professional qualifications, experience and technical competence of personnel proposed to perform the assignment. Evaluation will consider relevant past experience, education, training, registration, certification and longevity with the firm. Evaluation shall include familiarity with OSHA Commercial Diving Regulations and the Association of Diving Contractors Standards.
2. Record of satisfactory performance by the firm on similar assignments. This record shall establish the ability to properly manage the project in terms of costs, quality control and performance schedules. Names and telephone numbers of references shall be included.
3. Specialized experience with specific application to dams in Pennsylvania.
The number of open-end contracts and the dollar amount of each contract shall 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.
Special Provisions Concerning Disadvantaged Businesses and Enterprise Zone Businesses for Requests for Proposals Part 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.
b. United States Small Business Administration-certified small disadvantaged businesses 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 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 should 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- 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 Issuing Office encourages participation by small businesses, whose primary or headquarters facility is physically located in areas this 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, akartorie@state.pa.us.
Part II. 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 as follows:
1. Small Disadvantaged Businesses certified by BMWBO as an MBE/WBE must provide a photocopy of their BMWBO certificate.
2. Small Disadvantaged Businesses certified by the United States Small Business Administration under section 8(a) of the Small Business Act (15 U.S.C.A. § 636(a)) as an 8(a) or small disadvantaged business must submit proof of United States Small Business Administration certification. The owners of these businesses must also submit proof of United States citizenship.
3. 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 small disadvantaged business, must attest to the fact that the business has 100 or fewer employees.
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 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 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.
iii. 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 Small Disadvantaged Business.
2. The business name, address, name and telephone number of the primary contact person for each Small Disadvantaged Business included in the proposal. The Offeror must specify each Small Disadvantaged Business to which it is making commitments. The Offeror will not receive credit for stating that it will find a Small Disadvantaged 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 Small Disadvantaged Business will perform or provide.
4. The estimated dollar value of the contract to each Small Disadvantaged Business.
5. Of the estimated dollar value of the contract to each Small Disadvantaged Business, the percent of the total value of services or products purchased or subcontracted that will be provided by the Small Disadvantaged Business directly.
6. The location where each Small Disadvantaged Business will perform these services.
7. The timeframe for each Small Disadvantaged Business to provide or deliver the goods or services.
8. The amount of capital, if any, each Small Disadvantaged Business will be expected to provide.
9. The form and amount of compensation each Small Disadvantaged 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.
iv. The Offeror is required to submit only one copy 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. The Offeror must include the dollar value of the commitment to each Small Disadvantaged Business in the same sealed envelope with its Disadvantaged Business Submittal. The following will become a contractual obligation once the contract is fully executed:
1. The amount of the selected Offeror's Disadvantaged Business commitment;
2. The name of each Small Disadvantaged Business; and
3. The services each Small Disadvantaged Business will provide, including the timeframe for performing the services.
vi. A Small Disadvantaged Business can be included as a subcontractor with as many prime contractors as it chooses in separate proposals.
vii. 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 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.
3. The services each Enterprise Zone Small Business will provide, including the timeframe for performing the services.
Part III. Criteria for Selection
Disadvantaged Business Participation
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 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
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 IV. 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.
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 Edward Raptosh at (717) 783-3329 for general information concerning the underwater inspection work.
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 three most recently completed projects similar to the project proposed. The description shall include the client, contact person and phone number, the estimated or actual construction cost of the portion of the work which the firm designed, the project manager and the names of all personnel who made major contributions to the project. The Letter of Interest shall indicate the firm's capability of working on multiple small 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 atwww.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 your request to 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. 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.
3. Professional personnel in firm.
4. Soundness of approach as demonstrated in Letter of Interest, and as stated in their own interpretation of the tasks to be performed.
5. Available manpower to perform the services required.
6. Disadvantaged Businesses participation. (Evaluated by DGS)
7. Equitable distribution of the contracts.
Each proposer shall relate their proposal to the above criteria.
One copy 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 18, 2007. 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 two 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 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 proposal submitted and in formulating a recommendation for selections. Recommendations made by the Department shall be final.
MICHAEL F. DIBERARDINIS,
Secretary
[Pa.B. Doc. No. 07-641. Filed for public inspection April 13, 2007, 9:00 a.m.]
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