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PA Bulletin, Doc. No. 04-614

NOTICES

Retention of a Professional Design Firm; Project Reference No. FDC-500-740

[34 Pa.B. 1970]

   The Department of Conservation and Natural Resources (Department) will retain a professional design firm for an open end contract for various sanitary engineering designs, including sewage systems, water systems and swimming pools and general CADD services. 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 these projects will only be accepted from individuals, firms or corporations duly authorized to engage in the practice of professional design. 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 that is permitted under State law to engage in the practice of engineering in this Commonwealth. The professional design firm may be a general engineering firm with a sanitary engineering subconsultant or a sanitary engineering firm.

   This firm's area of responsibility for assigned work shall be throughout this Commonwealth. Bureau of Facility Design and Construction (Bureau) personnel may do project work in conjunction with this professional design firm on some of the projects.

   The services may encompass a wide range of design and environmental efforts with the possibility of several different types of projects being designed under short completion schedules. The firm may be required to design multiple projects at the same time.

   The open ended design services work will consist of sanitary design work for new and existing facilities including mechanical, plumbing and electrical design, major maintenance repair, renovations to existing facilities and expansion of existing facilities. Some of these projects may be for smaller facilities with limited project scope. Some projects may entail the use of innovative treatment technologies.

   The professional design 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 details and narrative; prepare type, size and location report; prepare modules for permit applications; prepare construction drawings, specifications and estimates; procure core borings; provide soil and foundation engineering report; investigate utility involvement; evaluate alternative using benefit/cost analysis, develop details and narratives; prepare reports; and the review of shop drawings, catalog cuts and occasional attendance at job conferences may be required.

   The services shall also include, but not be limited to, a preliminary meeting for each project in the Bureau of Facility Design and Construction, 8th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA. Work may be done on an hourly basis or a maximum cost work order for the individual design project. Payment for services and expenses shall not exceed the contract amount. The design work will be reviewed by the engineering staff of the Bureau and, when acceptable, approved by same staff.

Information Concerning Socially and Economically Restricted Businesses (SERB)

   SERBs are small businesses whose economic growth and development have been restricted based on social and economic bias. Small businesses are Bureau of Minority and Women Business Opportunities (BMWBO)-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 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 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 shall 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 Minority and Women Business Opportunities, Room 502, North Office Building, Harrisburg, PA 17125, (717) 787-7380, www.dgsapp.state.pa.us/cabd/mwbdata.asp.

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 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 BMWBO must provide their BMWBO certification number or a photocopy of their BMWBO certificate.

   2.  SERBs qualifying as a result of having their headquarters located in a designated enterprise zone must provide proof of this 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, akartorie@state.pa.us.

   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 BMWBO 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 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 businesses to which commitments are made must be specified. Credit will not be received by stating 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 each SERB will receive. In the SERB Information portion of the proposal, provide the estimated dollar value of the contract to each 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 the 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.

   A 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 BMWBO. 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. A proposed change must be submitted to the 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 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 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 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.

   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 SERB status or entitle a proposer to receive credit for SERB utilization.

General Requirements and Information

   Firms interested in performing the required services for the 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 James Eppley or David Brenneman at (717) 787-4892 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 sanitary/water treatment projects. 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 Department of General Services (DGS) website: www.dgs.state.pa.us/cnprs.htm. Form 150-ASP may also be obtained in hard copy or on disk in Word '97 format only by contacting the Selections Committee, Department of General Services, Room 104, 18th and Herr Streets, Harrisburg, PA 17125, pbianchi@exec.gsinc.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. The Department shall 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 by the technical review will include:

   --Professional's understanding of the design work as demonstrated in letter of interest and as stated in the interpretation of the tasks to be performed.

   --Qualifications of firm.

   --Professional personnel in firm.

   --Soundness of approach as demonstrated in the letter of interest, including the firm's description of prompt responsiveness to design questions, shop drawings and construction questions.

   --Available manpower to perform the services required.

   --SERB participation (evaluated by the DGS).

   --Equitable distribution of the contracts.

   --The proposer shall relate the proposal to the previous criteria.

   Six copies of the letter of interest, six copies of the required forms and one copy of the SERB information must be received by 4 p.m. on May 6, 2004. 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 readvertise solicitation for this service.

   The Department will offer a debriefing session to the unsuccessful firms. The Department disclaims any liability whatsoever to its review of the proposals submitted and in formulating a recommendation for selections. Recommendations made by the Department shall be final.

MICHAEL F. DIBERARDINIS,   
Secretary

[Pa.B. Doc. No. 04-614. Filed for public inspection April 9, 2004, 9:00 a.m.]



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