1573 Retention of engineering firms; dam related and hydraulic projects; project reference no. FDC-500801

Retention of Engineering Firms; Dam Related and Hydraulic Projects; Project Reference No. FDC-500-801

[44 Pa.B. 5068]
[Saturday, July 26, 2014]

 The Department of Conservation and Natural Resources (Department) will retain an engineering firm, or firms, for open-end contracts for various engineering, inspection and related environmental and geotechnical services for various dam-related and hydraulic projects located on State Parks and State Forest land in this Commonwealth. The 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 operation of Department infrastructure and facilities.

 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 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, but are not limited to, dam and control structure modification, rehabilitation and upgrades, slope and stability analysis of concrete and earthen dams, structural analysis of spillways and retaining walls, hydraulic and hydrologic evaluation for existing spillways, proposed dam structure modifications, inspection of dams and preparation of emergency action plans.

 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. A quality assurance program shall be in place by the engineering firm assuring that all documents are acceptable and of the highest quality prior to submission of the documents to the Department.

 Areas of related environmental study associated with these design projects may include, but are not limited to, wetlands, soil, geology, 25 Pa. Code Chapter 105 (relating to dam safety and waterway management) and Corps of Engineers 404 permits, Act 537 planning and Department of Environmental Protection water quality management requirements. The environmental studies shall be conducted in accordance with accepted analysis to techniques and methodologies and may include any or all of the following to ensure a complete environmental investigation has been performed; provide all 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, but are not limited to, plans of study, meeting minutes, preparation of permit application documents, mitigation plans and reports and wetland and floodplain findings.

PART I

GENERAL REQUIREMENTS

 I-1. Specific Requirements

 A. 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 permit applications, 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 also, review shop drawings, catalog cuts and occasional attendance at construction job conferences may be required.

 I-2. Addenda to the Request for Proposals (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 http://www.dcnr.state.pa.us. It is the Offeror's responsibility to periodically check the web site for any new information or addenda to the RFP. Answers to the questions asked during the questions and answers period also will be posted, as necessary, to the web site as an addendum to the RFP.

 I-3. Small Diverse Business (SDB) Information. The Department encourages participation by SDBs as prime contractors and encourages all prime contractors to make a significant commitment to use SDBs as subcontractors and suppliers.

 An SDB is a Department of General Services (DGS) verified minority-owned business, woman-owned business, veteran-owned business or service-disabled veteran-owned business.

 A Small Business is a business in the United States which is independently owned, not dominant in its field of operation, employs no more than 100 full-time or full-time equivalent employees, and earns less than $7 million in gross annual revenues for building design, $20 million in gross annual revenues for sales and services and $25 million in gross annual revenues for those businesses in the information technology sales or service business.

 Questions regarding this program can be directed to the Department of General Services, Bureau of Small Business Opportunities, Room 611, North Office Building, Harrisburg, PA 17125, [phone], fax [phone], [e-mail].

 The DGS's directory of Bureau of Small Business Owners (BSBO) verified minority, women, veteran and service disabled veteran-owned businesses can be accessed by searching for ''Small Diverse Businesses'' at www.dgs.state.pa.us.

 I-4. Notification of Selection. Offerors whose proposals are not selected will be notified when contract negotiations have been successfully completed and the Department has received the final negotiated contract signed by the selected Offeror.

 I-5. Type of Contract. The type of contract as a result of this RFP shall be an open-end, requirements contract. Work shall be assigned on an as-needed basis as determined by the Department. The initial term of the agreement shall be 1 year and renewable for up to 4 subsequent years. Reimbursement for services shall be by fixed fee percentage based upon project allocation or hours of service and qualifying expenses. The reimbursement type shall be at the Department's discretion. The work shall be reviewed by the staff of the Bureau of Facility Design and Construction and, when applicable, approved by same staff.

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. Letter of Interest. 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. Form 150-ASP is available by downloading from the DGS web site at http://www.dgs.state.pa.us, choose from the menu on left margin: ''Construction and Public Works,'' then ''Project Administration,'' then ''Professional Selections,'' then ''ASP-150 (Rev 05/14) Instructions.'' In addition, Form 150-ASP can be obtained by means of e-mail by addressing the request to [e-mail]. Additional information pertinent to this firm's qualifications to do the work of this contract may be included.

 II-2. Number of Copies. Two copies of the SDB participation 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 September 3, 2014. 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 or more 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 or readvertise solicitation for this service, or both.

 II-3. SDB Participation Submittal.

 A. To receive credit for being an SDB or for subcontracting with an SDB, an Offeror must include proof of SDB qualification in the SDB participation submittal of the proposal. To do so, an SDB verified by BSBO as an SDB must provide a photocopy of the verification letter.

 B. In addition to the previously listed verification letter, the Offeror must include in the SDB participation submittal of the proposal the following information:

 1. Offerors must include a numerical percentage which represents the total percentage of work to be performed by the offeror and not by subconsultants.

 2. Offerors must include a numerical percentage which represents the total percentage of work that the Offeror commits to the SDBs as subconsultants. To support its total SDB Commitment, Offeror must also include:

 a. Percentage of each subcontract commitment to an SDB.

 b. The name of each SDB. The Offeror will not receive credit for stating that after the contract is awarded it will find an SDB.

 c. The services each SDB will provide.

 d. The location where each SDB will perform services.

 e. The time frame for each SDB to provide or deliver the goods or services.

 f. A subcontract or Letter of Intent signed by the Offeror and the SDB for each SDB identified in the SDB Submittal. The subcontract or Letter of Intent must identify the specific work or services the SDB will perform, how the work or services relates to the Project, and the specific time frame during the term of the contract and any option/renewal periods when the work, goods or services will be performed or provided.

 g. The name, address and telephone number of the primary contact person for each SDB.

 3. Each SDB subconsultant commitment will become contractual obligations once the contract is fully executed.

 4.  The name and telephone number of the Offeror's project (contact) person for the SDB information.

 C. The Offeror is required to submit two copies of its SDB participation submittal. The submittal shall be clearly identified as SDB information and sealed in its own envelope, separate from the remainder of the proposal.

 D. An SDB can be included as a subconsultant with as many prime consultants as it chooses.

 E. An Offeror that qualifies as an SDB and submits a proposal as a prime contractor is not prohibited from being included as a subconsultant in separate proposals submitted by other offerors.

 F. Refer to Appendix A as follows for a sample SDB Letter of Intent.

 II-4. Contract Requirements—SDB Participation

 Contracts containing SDB participation must also include a provision requiring the selected contractor to meet and maintain those commitments made to the SDB at the time of proposal submittal or contract negotiation, unless a change in the commitment is approved by DGS, BSBO. Contracts containing SDB participation must include a provision requiring SDB subcontractors to perform at least 50% of the subcontracted work.

 The selected contractor's commitments to the SDB made at the time of proposal submittal or contract negotiation shall, to the extent so provided in the commitment, be maintained throughout the term of the contract and through any renewal or extension of the contract. Proposed changes must be submitted to DGS, BSBO, 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 SDB 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 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 the SDB subcontractors and suppliers. Also, this information will serve as a record of fulfillment of the commitment the selected contractor made and for which is received SDB participation 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 SDB status or entitle an Offeror to receive credit for SDB utilization.

 II-5. Debriefing. 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.

PART III

CRITERIA FOR SELECTION

 III-1. Selection Criteria. The engineering consulting firm will be evaluated upon, but not limited to, the following criteria:

 A. Professional's understanding of the problem as demonstrated in the Letter of Interest.

 B. Qualifications of the firm.

 C. Professional personnel in the firm.

 D. Soundness of approach as demonstrated in the Letter of Interest and as stated in their own interpretation of the tasks to be performed.

 E. Available manpower to perform the services required.

 F. Equitable distribution of contracts.

 G. SDB Participation (evaluated by DGS) DGS, BSBO has established the weight for the SDB participation criterion for the RFP as 20% of the total points. Each SDB participation submittal will be rated for its approach to enhancing the utilization of SDBs in accordance with the following-listed priority ranking and subject to the following requirements:

 1. A business submitting a proposal as a prime contractor must perform 60% of the total contract value to receive points for this criterion under any priority ranking.

 2. To receive credit for an SDB subcontracting commitment, the SDB subcontractor must perform at least 50% of the work subcontracted to it.

 3. A significant subcontracting commitment is a minimum of 5% of the estimated total contract value.

 4. A subcontracting commitment less than 5% of the total estimated contract value is considered nominal and will receive reduced or no additional SDB points depending on the priority ranking.

 Priority Rank 1: Proposals submitted by SDBs as prime Offerors will receive 150 points. In addition, SDB prime Offerors that have significant subcontracting commitments to additional SDBs may receive up to an additional 50 points (200 points total available).

 Subcontracting commitments to additional SDBs are evaluated based on the proposal offering the highest total percentage SDB subcontracting commitment. Other Offerors will be scored in proportion to the highest total percentage SDB subcontracting commitment within this ranking. See the following formula.

 Priority Rank 2: Proposals submitted by SDBs as prime contractors with no or nominal subcontracting commitments to additional SDBs, will receive 150 points.

 Priority Rank 3: Proposals submitted by non-SDBs as prime contractors, with significant subcontracting commitments to SDBs, will receive up to 100 points. Proposals submitted with nominal subcontracting commitments to SDBs will receive points equal to the percentage level of their total SDB subcontracting commitment.

 SDB subcontracting commitments are evaluated based on the proposal offering the highest total percentage SDB subcontracting commitment. Other Offerors will be scored in proportion to the highest total percentage SDB subcontracting commitment within this ranking. See the following formula.

 Priority Rank 4: Proposals by non-SDBs as prime contractors with no SDB subcontracting commitments shall receive no points under this criterion.

 To the extent that there are multiple SDB participation submittals in Priority Rank 1 or Priority Rank 3, or both, that offer significant subcontracting commitments to SDBs, the proposal offering the highest total percentage SDB subcontracting commitment shall receive the highest score (or additional points) available in that Priority Rank category and the other proposals in that category shall be scored in proportion to the highest total percentage SDB subcontracting commitment. Proportional scoring is determined by applying the following formula:

SDB % Being Scored	x	Points/Additional = Awarded/  Additional
______
Highest % SDB  Commitment		Points Available* SDB Points
Priority Rank 1 = 50 Additional Points Available
Priority Rank 2 = 100 Total Points Available

 Refer to http://www.portal.state.pa.us/portal/server.pt/community/rfp_scoring_formulas_overview/20124 for an illustrative chart which shows SDB scoring based on a hypothetical situation in which the Commonwealth receives proposals for each Priority Rank.

 III-2. Number of Contracts. It is the intent of the Department to select more than one firm for projects to be assigned on a regional basis.

PART IV

MAILING AND CONTACT INFORMATION

 Firms interested in performing the required services for this project are invited to submit Letters of Interest to Alfred Uzokwe, PE, 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 [phone] for general information concerning this request for proposal.

ELLEN M. FERRETTI, 
Secretary

APPENDIX A

SMALL DIVERSE BUSINESS
LETTER OF INTENT

[DATE]

[SDB Contact Name
Title
SDB Company Name
Address
City, State, Zip]

Dear [SDB Contact Name]:

 This letter serves as confirmation of the intent of [Offeror] to utilize [Small Diverse Business (SDB)] on RFP [RFP number and Title] issued by the [Commonwealth agency name].

 If [Offeror] is the successful vendor, [SDB] shall provide [identify the specific work, goods or services the SDB will perform, and the specific timeframe during the term of the contract and any option/renewal periods when the work, goods or services will be performed or provided].

 These services represent [identify fixed numerical percentage commitment] of the total cost in the [Offeror's[ cost submittal for the initial term of the contract. Dependent on final negotiated contact pricing and actual contract usage or volume, it is expected that [SDB] will receive an estimated [identify associated estimated dollar value that the fixed percentage commitment represents] during the initial contract term.

 [SDB] represents that it meets the small diverse business requirements set forth in the RFP and all required documentation has been provided to [Offeror] for its SDB submission.

 We look forward to the opportunity to serve the [Commonwealth Agency Name] on this project. If you have any questions concerning our small diverse business commitment, please feel free to contact me at the number below.

Sincerely,	Acknowledged,
Offeror Name	SDB Name
Title	Title
Company	Company
Phone Number	Phone Number

[Pa.B. Doc. No. 14-1573. Filed for public inspection July 25, 2014, 9:00 a.m.]