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PA Bulletin, Doc. No. 03-1412



Retention of an Engineering Firm

[33 Pa.B. 3516]

Project Reference No. FDC-500-208

   The Department of Conservation and Natural Resources (Department) will retain an engineering firm for an open-end contract for various engineering, inspection and related environmental and geological services on various bridge projects on State park and State forest lands in this Commonwealth. The contract will be for a 12-month period with four 12-month extensions possible. Projects will be assigned on an as-needed basis.

   Letters of interest for this project 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 letter of interest, 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.

   The services may encompass a wide range of structural design efforts with the possibility of several different types of projects being designed under short completion schedules. The anticipated types of projects may include, but are not limited to, bridge replacements (single and multispan), bridge rehabilitation, bridge approach work, minor location studies and CADD services.

   Areas of related environmental study associated with bridge design projects may include, but are not limited to, wetlands, soil, geology, DER Chapter 105 and Corps of Engineers 404 permits. The environmental studies will be conducted in accordance with accepted analysis techniques and methodologies.

   The selected firm may be required to perform any or all of the following to ensure that a complete environmental investigation has been performed: provide all necessary environmental services, material and equipment necessary to collect, analyze and organize data, access impacts, prepare 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.

   The engineering firm may be required to perform any or all of the following duties: attend site visits; prepare minutes; perform necessary field surveys; plot topography and cross sections; develop erosion control plans; prepare type, size and location reports; prepare construction drawings, specifications and estimates; procure core borings; provide soil and foundation engineering reports; investigate utility involvement; evaluate alternatives using benefit/cost analysis; develop other details and narratives; perform NBIS bridge inspections; inspect major and unusual structures; develop rehabilitation strategies; conduct quality assurance and quality control reviews of other NBIS bridge inspections; provide independent design reviews of trail bridges and other structures when required; and review shop drawings, catalog cuts and occasional attendance at job conferences may be required.

   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.

   The services shall include, but not be limited to, a preliminary meeting in the Bureau of Facility Design and Construction, 8th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA. The contract shall be based on the hours of service and qualifying expenses not exceeding the contract amount. The design work will be reviewed by the engineering staff of the Bureau of Facility Design and Construction and, when acceptable, approved by the same staff.

Information Concerning Socially and Economically Restricted Businesses (SERBs)

   SERBs are small businesses whose economic growth and development have been restricted based on social and economic bias. These small businesses are Bureau of Contract Administration and Business Development (BCABD) certified minority and women-owned businesses, other disadvantaged businesses and businesses whose development has been impeded because their primary or headquarters facilities are physically located in areas designated by the Commonwealth as being designated enterprise zones. A small business will not be considered socially/economically restricted if it has gross annual revenues of $8 million ($18 million for those businesses in the information technology sales or services business) or more, is dominant in its field of operation or employs more than 100 persons.

   A company and its affiliates have achieved success and are graduated from this State-sponsored program when its gross annual revenues are $8 million ($18 million for those businesses in the information technology sales or service business) or more. Other small business in which an owner of the graduated firm has a financial interest or control over, either directly or through family members, will not qualify for SERB status. Control is defined as the power, whether or not exercised, to direct or cause the direction of the management and policies of a firm, whether through the ownership of voting shares, by contract or otherwise, or through the making of day-to-day as well as major decisions in matters of policy, management and operations. A determination of control shall include, but not be limited to, the following factors: capital investment and all other financial, property, acquisition, contract negotiation and legal matters; officer-director-employee selection and comprehensive hiring, operating responsibility, cost-control matters and income and dividend matters; financial transactions; and rights of other shareholders or joint partners.

   Contractors and others seeking to identify businesses for joint venture and subcontracting opportunities are encouraged to contact the Department of General Services, Bureau of Contract Administration and Business Development, Room 613, North Office Building, Harrisburg, PA 17125, (717) 787-6708, fax: (717) 772-0021,, (DGS Keyword: BCABD).

SERB Information

   To receive credit for being a SERB, entering into a joint venture agreement with a SERB or subcontracting to a SERB (including purchasing supplies and/or services through a purchase agreement), a company must include proof of SERB qualification in the SERB portion of the proposal:

   1.  SERBs qualifying as a result of MBE/WBE certification from the BCABD must provide their BCABD certification number or a photocopy of their BCABD certificate.

   2.  SERBs qualifying as a result of having their headquarters in a designated enterprise zone must provide proof of status, including proof of the location of their headquarters (such as a lease or deed) and confirmation of the enterprise zone in which they are located (obtained from their local enterprise zone office). More information on the locations of enterprise zones can be obtained by calling the Department of Community and Economic Development (DCED), (717) 720-7409, fax:  (717) 787-4088,

   3.  SERBs qualifying as disadvantaged businesses certified by the Small Business Administration must submit proof of Small Business Administration certification.

   4.  Companies claiming SERB status, whether as a result of BCABD certification, Small Business Administration certification as a disadvantaged business or the location of their headquarters in an enterprise zone, must submit proof that their gross annual revenues are less than $8 million ($18 million for those businesses in the information technology sales or services business). This can be accomplished by including a recent tax or audited financial statement.

   In addition to these verifications, the SERB portion of the proposal should include the following information:

   1.  The name and telephone number of the project (contact) person for the SERB.

   2.  The company name, address and telephone number of the prime contact person for each specific SERB business included in the proposal. The SERB business to which commitments are made must be specified. Credit will not be received by stating that a SERB will be found after the contract is awarded or by listing several companies and stating one will be selected later.

   3.  The specific work, goods or services the SERB will perform or provide.

   4.  The location where the SERB will perform these services.

   5.  The timeframe for the SERB to provide or deliver the goods or services.

   6.  The amount of capital, if any, the SERB will be expected to provide.

   7.  The form and amount of compensation the SERB will receive. In the SERB information portion of the proposal, provide the estimated dollar value of the contract to the SERB.

   8.  The percent of the total value of services or products purchased/subcontracted under the proposal that will be provided by the SERB.

   9.  In the case of a joint venture agreement, a copy of the agreement, signed by all parties, must be included in the SERB portion of the proposal. If subcontracting, a signed subcontract or letter of intent must be included in the SERB portion of the proposal.

   The SERB portion of the proposal must be identified as SERB information and bound and sealed separately from the remainder of the proposal. Only one copy of the SERB section is needed.

   The dollar value ratio designated for SERB commitment should be placed in a separate sealed envelope and stapled to the SERB section of the proposal or included in the bound and sealed envelope.

   The selected contractor's SERB commitment amount, name of SERB and services to be provided including timeframe for performing services will be included as a contractual obligation when the contract is executed.

SERB Participation

   The following options will be considered as part of the final criteria for selection:

   Priority Rank 1--proposals submitted by SERBs.

   Priority Rank 2--proposals submitted from a joint venture with a Commonwealth-approved SERB as a joint venture partner.

   Priority Rank 3--proposals submitted with subcontracting commitments to SERBs.

   Each proposal will be rated for its approach to enhancing the utilization of SERBs. Each approach will be evaluated, with option number one receiving the greatest value and the succeeding options receiving values in accordance with the previously listed priority ranking.

SERB Contract Requirements

   Contracts containing SERB participation must also include a provision requiring the contractor to meet and maintain those commitments made to SERBs at the time of proposal submittal or contract negotiation, unless a change in the commitment is approved by the contracting Commonwealth agency upon recommendation by the BCABD. Contracts containing SERB participation must include a provision requiring SERB contractors and SERBs in a joint venture to incur at least 50% of the cost of the subcontract or SERB portion of the joint venture, not including materials.

   Commitments to SERBs made at the time of proposal submittal or contract negotiation must be maintained throughout the term of the contract. Proposed changes must be submitted to the BCABD, which will make a recommendation as to a course of action to the contracting officer.

   If a contract is assigned to another contractor, the new contractor must maintain the SERB participation of the original contract.

   The contractor shall complete the Prime Contractor's Quarterly Utilization Report (or similar type document containing the same information) and submit it to the contracting officer of the agency that awarded the contract and the BCABD within 10 workdays at the end of each quarter the contract is in force. If there was no activity, the form must also be completed, stating ''No activity in this quarter.'' This information will be used to determine the actual dollar amount paid to SERB subcontractors, suppliers and joint ventures. Also, it is a record of fulfillment of the commitment the firm made and for which it received SERB points.

   Equal employment opportunity and contract compliance statements referring to company equal employment opportunity policies or past contract compliance practices do not constitute proof of SERB status or entitle a proposer to receive credit for SERB 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 Jim Eppley at (717) 783-3333 for general information concerning the design 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 being 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.

   A standard current revised 1996 DGS Form 150-S must accompany the letter of interest and shall indicate the individual in charge. A standard current revised 1996 DGS Form 150 must also accompany the letter of interest. Additional information pertinent to the firm's qualifications to do the work of this contract may be included.

General Requirements

   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 the 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.  SERB participation (evaluated by the Department of General Services).

   7.  Equitable distribution of the contracts.

   Each proposer shall relate the proposal to the previous criteria.

   One copy of the SERB 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 by 4 p.m. on August 29, 2003. 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 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.


[Pa.B. Doc. No. 03-1412. Filed for public inspection July 18, 2003, 9:00 a.m.]

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