1214 Retention of two engineering firms; project reference no. FDC-500-760

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

Retention of Two Engineering Firms; Project Reference No. FDC-500-760

[35 Pa.B. 3554]

   The Department of Conservation and Natural Resources (Department) will retain two engineering firms for open-end contracts for various engineering, inspection and related environmental and geological services on various civil and environmental projects located on State park and State forest land in this Commonwealth. 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 western half of this Commonwealth and one contract will be primarily for projects at facilities located in the eastern half of this Commonwealth.

   Letters of Interest for this project will only be accepted from individuals or 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 desires 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 civil and 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 bridge replacement and rehabilitation (single and multispan), roadway reconstruction/rehabilitation, water and sewage systems, dam and control structure modification and rehabilitation, marina/dock/launch replacement and rehabilitation and structural evaluation of various buildings.

   Typically the engineering firm shall be required to furnish a complete set of contract documents (plans and specifications) suitable for public bid and in accordance with a prescribed Department format, and in accordance with applicable State and Federal codes and requirements.

   Areas of related environmental study associated with these design projects may include, wetlands, soil, geology, 25 Pa. Code Chapter 105 (relating to dam safety and waterway management), Corps of Engineers 404 permits, Act 537 planning and the Department of Environmental Protection's water quality management requirements. The environmental studies shall be conducted in accordance with accepted analysis techniques and methodologies and may include the following to ensure a complete environmental investigation has been performed; provide necessary environmental services, material and equipment necessary to collect, analyze and organize data, assess impacts, prepare reports and design mitigation plans. The reports and other graphic material to be prepared may include 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 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; inspect major and unusual structures; develop rehabilitation strategies; and review shop drawings, catalog cuts and occasional attendance at construction 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 a preliminary meeting for this project 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 same staff.

Special Provisions Concerning Disadvantaged Businesses and Enterprise Zone Businesses for Requests for Proposals

''Disadvantaged Business Information''

   The Commonwealth 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: 1) Department of General Services Bureau of Minority & Women Business Opportunities (BMWBO)-certified Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs) that qualify as small businesses, and 2) United States Small Business Administration (SBA)-certified Small Disadvantaged Businesses (SDBs) 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 or 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
[e-mail]
Phone:  [phone]
FAX:  [phone]

   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 Commonwealth of Pennsylvania encourages participation by small businesses whose primary headquarters facility is physically located in areas designated by the Commonwealth as Designated Enterprise Zones, as prime contractors, joint ventures and subcontractors/suppliers.

   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:  [phone]
Fax:  [phone]
Email:  [e-mail]

''Disadvantaged Businesses Information''

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

   a)  Small Disadvantaged Businesses qualifying as a result of MBE/WBE certification from BMWBO must provide a photocopy of their BMWBO certificate.

   b)  Disadvantaged Businesses qualifying as a result of certification from the U. S. Small Business Administration as an 8(a) or Small Disadvantaged Business must submit proof of Small Business Administration Certification. The owners of such businesses must also submit proof of United States citizenship.

   c)  All companies claiming Small Disadvantaged Business status, whether as a result of BMWBO certification or 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.

   d)  All companies claiming Small Disadvantaged Business status, whether as a result of BMWBO certification or 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 or audited financial statement.

   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:

   a)  Be rooted in treatment which the business person has experienced in American society, not in other countries.

   b)  Show prejudice or bias that is chronic and substantial, not fleeting or insignificant.

   c)  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.

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

   *  The name and telephone number of your project (contact) person for the Small Disadvantaged Business(es).

   *  The company name, address, telephone number of the prime contact person for each specific Small Disadvantaged Business or Socially Disadvantaged Business included in the proposal. The contractor must specify the Small Disadvantaged Business(es) to which it is making commitments. The contractor will not receive credit by stating it will find a Small Disadvantaged Business after the contract is awarded or by listing several companies and stating it will select one later.

   *  The specific work, goods, or services the Small Disadvantaged Business(es) will perform or provide.

   *  The location where the Small Disadvantaged Business(es) will perform these services.

   *  The timeframe for the Small Disadvantaged Business(es) to provide or deliver the goods or services.

   *  The amount of capital, if any, the Small Disadvantaged Business(es) will be expected to provide.

   *  The form and amount of compensation each Small Disadvantaged Business will receive. In the Disadvantaged Business submittal of the proposal, provide the estimated dollar value of the contract to each Small Disadvantaged Business.

   *  The percent of the total value of services or products purchased/subcontracted under the proposal that will be provided by the Small Disadvantaged Business(es).

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

   *  Include in the Disadvantaged Business Submittal any and all information concerning the contractor's proposed utilization of small businesses located in Designated Enterprise Zones as required by [Enter Section or Part # of the Enterprise Zone Small Business Utilization Response], Enterprise Zone Small Business Utilization Response.

   The Disadvantaged Business submittal of the proposal must be clearly identified as Disadvantaged Business information and sealed in an envelope separately from the remainder of the proposal. Only one copy of the Disadvantaged Business section is needed.

   The dollar value of the commitment to each Small Disadvantaged Business must be sealed in the same envelope with the Disadvantaged Business submittal of the proposal. The selected contractor's Disadvantaged Business commitment amount, name of the Disadvantaged Business, services to be provided including timeframe for performing services will be included as a contractual obligation when the contract is executed.

   Offerors may submit, within the same proposal envelope, alternate proposals for differing utilization of Small Disadvantaged Businesses or Socially Disadvantaged Businesses. For example, a proposal may be submitted by prime contractor with a Small Disadvantaged Business as a subcontractor while an alternate proposal may be submitted by the Small Disadvantaged Business as the prime contractor. If an alternate proposal is offered, it must include separately sealed Technical, Price, and Disadvantaged Business submittals for the alternate. The alternate proposal will be scored separately. Only the higher-scored proposal (prime proposal or alternate proposal) will be eligible for participation for Best and Final Offers.

''Enterprise Zone Small Business Utilization Response''

   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, a company must include the following information in the Disadvantaged Business submittal of the proposal:

   *  Proof of the location of the business' headquarters (such as a lease or deed or Department of State corporate registration).

   *  Confirmation of the enterprise zone in which it is located (obtained from the local enterprise zone office).

   *  Proof of United States citizenship of the owners of the business.

   *  Certification that the business employs 100 or fewer employees.

   *  Proof that the business's 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 or audited financial statement.

   In addition to these verifications, this portion of the Submittal should include the following information:

   *  The company name, address, name and telephone number of the primary contact person for each Enterprise Zone Small Business included in the proposal. The contractor must specify the Enterprise Zone Small Business to which it is making commitments. The contractor will not receive credit by stating that it will find a Enterprise Zone Small Business after the contract is awarded or by listing several companies and stating it will select one later.

   *  The specific work, goods, or services the Enterprise Zone Small Business will perform or provide.

   *  The location where the Enterprise Zone Small Business will perform these services.

   *  The timeframe for the Enterprise Zone Small Business to provide or deliver the goods or services.

   *  The amount of capital, if any, the Enterprise Zone Small Business will be expected to provide.

   *  The form and amount of compensation each Enterprise Zone Small Business will receive. In the Disadvantaged Business portion of the proposal, provide the estimated dollar value of the contract to each Enterprise Zone Small Business.

   *  The percent of the total value of services or products purchased/subcontracted under the proposal that will be provided by the Enterprise Zone Small Business.

   *  In the case of a joint venture agreement, a copy of the agreement, signed by all parties, must be included in the Disadvantaged Business Submittal of the proposal. If subcontracting, a signed subcontract or letter of intent must be included in the Disadvantaged Business Submittal of the proposal.

   The dollar value of the commitment to each Enterprise Zone Small Business must be sealed in the same envelope with the Disadvantaged Business Submittal of the proposal. The selected contractor's Enterprise Zone Small Business commitment amount, name of Enterprise Zone mall Business, and services to be provided including timeframe for performing services will be included as a contractual obligation when the contract is executed.

''Disadvantaged Business Participation''

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

   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 a proposal is submitted by 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 a proposal is submitted as a prime contractor by an Enterprise Zone Small Business, the Enterprise Zone Small Business cannot enter into contract or subcontract arrangements for more than 40% of the total estimated dollar amount of the contract.

''Contract Requirements--Disadvantaged Business Participation and Enterprise Zone Small Business Participation,''

   All contracts containing Disadvantaged Business participation must also include a provision requiring the 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 percent of the subcontract or Small Disadvantaged Business/Enterprise Zone Small Business portion of the joint venture.

   Commitments to Disadvantaged Businesses and/or Enterprise Zone Small Businesses made at the time of proposal submittal or contract negotiation must be maintained throughout the term of the contract. Any proposed change must be submitted to BMWBO 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 Disadvantaged Businesses participation and/or Enterprise Zone Small Business 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 BMWBO 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 Small Disadvantaged Business and/or Enterprise Zone Small Business subcontractors and suppliers, and Small Disadvantaged Businesses and/or Enterprise Zone Small Businesses involved in Joint Ventures. Also, it is a record of fulfillment of the commitment your firm made and for which it received Disadvantaged Business and Enterprise Zone Small Business points.

   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 BUSINESS STATUS OR ENTITLE A PROPOSER TO RECEIVE CREDIT FOR DISADVANTAGED BUSINESS 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 Al Thomas at [phone] 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 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 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 at www.dgs.state.pa.us. 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 sending an e-mail to [e-mail]. 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. The Department will reimburse miscellaneous expenses such as copies, prints, sepias, postage and film at cost upon approval.

   The following factors will be considered during the evaluation of the firm's Letter of Interest:

   Criteria evaluated during 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.

   Proposers shall relate their proposals to the previous 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 by 4 p.m. on July 29, 2005. 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. The Department reserves the right to reject all Letters of Interest submitted, cancel the solicitation requested under this notice or readvertise solicitation for this service, or both.

   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 DiBERARDINIS,   
Secretary

[Pa.B. Doc. No. 05-1214. Filed for public inspection June 24, 2005, 9:00 a.m.]