REQUEST FOR PROPOSAL FOR PROFESSIONAL DESIGN SERVICES - AERIAL PHOTOGRAPHY, SURVEYING AND MAPPING SERVICES ISSUING OFFICE COMMONWEALTH OF PENNSYLVANIA

Transcription

1 REQUEST FOR PROPOSAL FOR PROFESSIONAL DESIGN SERVICES - AERIAL PHOTOGRAPHY, SURVEYING AND MAPPING SERVICES ISSUING OFFICE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF ABANDONED MINE RECLAMATION DIVISION OF PROJECT DESIGN RFP NUMBER OSM PA(MAP-15) DATE OF ISSUANCE June 26, 2015 Page 1 of 22

2 REQUEST FOR PROPOSAL FOR PROFESSIONAL DESIGN SERVICES - AERIAL PHOTOGRAPHY, SURVEYING AND MAPPING SERVICES TABLE OF CONTENTS Page No. Part I - GENERAL INFORMATION FOR PROFESSIONALS... Page 3-11 of 22 Part II - INFORMATION REQUIRED FROM PROFESSIONALS... Page of 22 Part III - CRITERIA FOR SELECTION OF HIGHEST QUALIFIED FIRM; FEE NEGOTIATION... Page of 22 Part IV - WORK STATEMENT... Page 21 and 22 of 22 APPENDIX A PROFESSIONAL DESIGN SERVICES AGREEMENT... Page 1-32 of 41 (Including Exhibits A-D) APPENDIX B DOMESTIC WORKFORCE UTILIZATION CERTIFICATION... Page 33 of 41 APPENDIX C SMALL DIVERSE BUSINESS LETTER OF INTENT... Page 34 of 41 APPENDIX D TRADE SECRET/CONFIDENTIAL PROPRIETARY INFORMATION NOTICE... Page of 41 APPENDIX E PROPOSAL COVER SHEET... Page 38 of 41 SCHEDULE A LABOR RATES... Page 39 of 41 SCHEDULE B MAXIMUM FEE FOR MAPPING... Page 40 of 41 SCHEDULE C MAXIMUM TURN AROUND TIME... Page 41 of 41 Page 2 of 22

3 CALENDAR OF EVENTS The Commonwealth will make every effort to adhere to the following schedule: Activity Responsibility Date Deadline to submit Questions via (with the subject line RFP OSM PA (MAP-15) Question ) to RA-EPRFP- BAMR@pa.gov Potential Professionals July 17, 2015 Addenda and answers to potential Professional questions posted to the DGS website ( no later than this date. Issuing Office July 24, 2015 Please monitor website for all communications regarding the RFP. Potential Professionals Sealed proposal must be received by the Issuing Office at Department of Environmental Protection (DEP), Bureau of Abandoned Mine Reclamation (BAMR), Division of Project Design P.O. Box 69205, Harrisburg, Pennsylvania Professionals July 31, 2015 Page 3 of 22

4 PART I GENERAL INFORMATION FOR PROFESSIONALS I-1. I-2. I-3. I-4. I-5. I-6. I-7. I-8. Authority and Purpose. The Department of Environmental Protection is authorized under Section 905 of the Commonwealth Procurement Code (62 Pa. C.S. 101 et seq.) ( CPC ) to procure professional design services. Pursuant to this authority this request for proposal (RFP) provides interested Professionals with sufficient information to enable them to prepare and submit proposals for consideration by the Commonwealth of Pennsylvania to satisfy a need for aerial photography, surveying and mapping services. Issuing Office. This RFP is issued for the Commonwealth by the Department of Environmental Protection (DEP), Bureau of Abandoned Mine Reclamation (BAMR), Division of Project Design 400 Market Street, 13 th Floor, P.O. Box 69205, Harrisburg, Pennsylvania The Issuing Office is the sole point of contact in the Commonwealth for this RFP. Scope. This RFP contains instructions governing the proposals to be submitted and the material to be included therein; a description of the service to be provided; requirements which must be met to be eligible for consideration; general evaluation criteria; and other requirements to be met by each proposal. Problem Statement. Provide aerial photography, surveying, mapping, map reproduction and other technical services as required, for the development of plans for reclamation of abandoned mine lands, control and extinguishment of subsurface mine fires, abatement of acid mine drainage (AMD) water pollution, water line extension/water line replacement and flood protection projects. Type of Contract. It is proposed that if a contract is entered into as a result of this RFP, it will be a PROFESSIONAL DESIGN SERVICES AGREEMENT and will contain the provisions shown in the attached standard PROFESSIONAL DESIGN SERVICES AGREEMENT (APPENDIX A). The Commonwealth intends to award up to two (2) statewide contracts as a result of this solicitation. Each contract will be awarded to the highest qualified firm at a fee determined to be fair and reasonable to the Commonwealth, in accordance with the process set forth in Section 905 of the CPC. Rejection of Proposals. The Commonwealth reserves the right to reject any and all proposals received as a result of this request, or to negotiate separately with competing contractors. Incurring Costs. The Commonwealth is not liable for any costs incurred by Professionals prior to issuance of an agreement. Preproposal Conference. There will be no preproposal conference for this RFP. If there are any questions, please forward them to the Issuing Office in accordance with Section I-9. Page 4 of 22

5 I-9. Questions & Answers. If a Professional has any questions regarding this RFP, the Professional must submit the questions by (with the subject line RFP OSM PA (MAP-15) Question ) to the Issuing Office named in Part I, Section I-2 of the RFP. If the Professional has questions, they must be submitted via no later than the date indicated on the Calendar of Events. The Professional shall not attempt to contact the Issuing Office by any other means. The Issuing Office shall post the answers to the questions on the DGS website by the date stated on the Calendar of Events. A Professional who submits a question after the deadline date for receipt of questions indicated on the Calendar of Events assumes the risk that its proposal will not be responsive or competitive because the Commonwealth is not able to respond before the proposal receipt date or in sufficient time for the Professional to prepare a responsive or competitive proposal. When submitted after the deadline date for receipt of questions indicated on the Calendar of Events, the Issuing Office may respond to questions of an administrative nature by directing the questioning Professional to specific provisions in the RFP. To the extent that the Issuing Office decides to respond to a non-administrative question after the deadline date for receipt of questions indicated on the Calendar of Events, the answer must be provided to all Professionals through an addendum. All questions and responses as posted on the DGS website are considered as an addendum to, and part of, this RFP in accordance with RFP Part I, Section I-10. Each Professional shall be responsible to monitor the DGS website for new or revised RFP information. The Issuing Office shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation. The required protest process for Commonwealth procurements is described in Section of the Commonwealth Procurement Code, 62 P.S I-10. I-11. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to the DGS website at It is the Professional s responsibility to periodically check the website for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to the website as an addendum to the RFP. Response Date. To be considered, proposals must arrive at the Issuing Office on or before the time and date specified in the Calendar of Events. Professionals mailing proposals should allow sufficient mail delivery time to ensure timely receipt of their proposals. Faxed proposals will not be considered. If due to inclement weather natural disaster, or any other cause, the Commonwealth office location to which proposals are to be returned is closed on the proposal response date, the deadline for submission shall be automatically extended until the next Commonwealth business day on which the office is open, unless the Professionals are otherwise notified by the Commonwealth. The time for submission of proposals shall remain the same. Proposals received after the time and date specified in the Calendar of Events will not be considered regardless of the reason for the late submission. Page 5 of 22

6 I-12. Proposals. To be considered, Professionals must submit to the issuing office a complete response to this RFP, using the format provided in Part II. Four (4) paper copies of the Technical Submittal and one (1) paper copy of the Cost Submittal and two (2) paper copies of the Small Diverse Business (SDB) participation submittal must be submitted to the Issuing Office. In addition to the paper copies of the proposal, Professionals shall submit (on CD, DVD, or Flash drive) one (1) complete electronic copy of the Technical Submittal in Adobe Acrobat (PDF) format, along with all requested paper copy documents. Professionals should ensure that there is no costing information in the technical submittal. Professionals should not reiterate technical information in the cost submittal. The CD, DVD, or Flash drive should clearly identify the Professional. No other distribution of proposals will be made by the Professional. Each proposal page should be numbered for ease of reference. Proposals must be signed by an official authorized to bind the Professional to its provisions. If the official signs the Proposal Cover Sheet (Appendix E) and it is attached to the proposal, the requirement will be met. For this RFP, the proposal must remain valid for at least one hundred twenty (120) days. Moreover, the contents of the proposal of the selected Professional will become contractual obligations if an agreement is entered into. Each and every Professional submitting a proposal specifically waives any right to withdraw or modify it, except as hereinafter provided. Proposals may be withdrawn by written or telefax notice received at the Issuing Office s address for proposal delivery prior to the exact hour and date specified for proposal receipt. However, if the Professional chooses to attempt to provide such written notice by telefax transmission, the Commonwealth shall not be responsible or liable for errors in telefax transmission. A proposal may also be withdrawn in person by a Professional or its authorized representative, provided its identity is made known and it signs a receipt for the proposal, but only if the withdrawal is made prior to the exact hour and date set for proposal receipt. A proposal may only be modified by the submission of a new sealed proposal or submission of sealed modification which complies with the requirements of this RFP. I-13. I-14. Cost Submittal. All cost data for the proposal shall be submitted in a separate sealed envelope within the sealed proposal and kept separate from the technical proposal. Failure to meet this requirement will result in automatic disqualification of the proposal. Small Diverse Business Information. The Issuing Office encourages participation by small diverse businesses as prime contractors, and encourages all prime contractors to make a significant commitment to use small diverse businesses as subcontractors and suppliers. A Small Diverse Business is a 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. Page 6 of 22

7 Questions regarding this Program can be directed to: Department of General Services Bureau of Small Business Opportunities Room 611, North Office Building Harrisburg, PA Phone: Fax: Website: The Department s directory of BSBO-verified minority, women, veteran and service disabled veteran-owned businesses can be accessed from: Searching for Small Diverse Businesses. I-15. I-16. I-17. I-18. Economy of Preparation. Proposals should be prepared simply and economically, providing a straightforward, concise description of the Professional s ability to meet the requirements of the RFP. Discussions for Clarification. Professionals who submit proposals may be required to make an oral or written clarification of their proposals to the Commonwealth to ensure thorough mutual understanding and Professional responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification. Clarifications may occur at any stage of the evaluation and selection process prior to contract execution. Prime Professional s Responsibilities. The selected Professional will be required to assume responsibility for all services offered in its proposal whether or not it produces them. Further, the Commonwealth will consider the selected Professional to be the sole point of contact with regard to contractual matters. Proposal Contents. A. Confidential Information. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of Professionals submissions in order to evaluate proposals submitted in response to this RFP. Accordingly, except as provided herein, Professionals should not label proposal submissions as confidential or proprietary or trade secret protected. Any Professional who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsection C. below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes. B. Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office s option. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the Page 7 of 22

8 proposal becomes part of a contract. Notwithstanding any Professional copyright designations contained on proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction. C. Public Disclosure. After the award of a contract pursuant to this RFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S , et seq. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S (b) for the information to be considered exempt under 65 P.S (b)(11) from public records requests. Refer to Appendix D of this RFP for a Trade Secret Confidential Proprietary Information Notice Form that may be utilized as the signed written statement, if applicable. If financial capability information is submitted in response to Part II of this RFP such financial capability information is exempt from public records disclosure under 65 P.S (b)(26). I-19. Best and Final Offers. To obtain best and final offers from Professionals, the Commonwealth may do one or more of the following; (a) enter into discussions; (b) schedule oral presentations; and (c) request revised proposals. A. The following Professionals will not be invited by the Issuing Office to submit a Best and Final Offer: 1. Those Professionals, which the Issuing Office has determined to be not responsible or whose proposals the Issuing Office has determined to be not responsive. 2. Those Professionals whose score for their technical submittal of the proposal is less than 70% of the total amount of technical points allotted to the technical criterion. The issuing office may further limit participation in the best and final offers process to those remaining responsible Professionals which the Issuing Office has, within its discretion, determined to be within the top competitive range of responsive proposals. I-20. News Releases. News releases, Internet postings, advertisements or any other public communications pertaining to this agreement will not be made without prior Commonwealth approval, and then only in coordination with the Issuing Office. I-21. Restriction of Contact. From the issue date of this RFP until a determination is made regarding the selection of a Professional s proposal, all contacts with the Commonwealth personnel concerning this RFP, proposals and the evaluation process must be approved through the Issuing Office. Any violation of this condition is cause for the Commonwealth to reject the Page 8 of 22

9 Professional s proposal. If it is later discovered that any violations have occurred, the Commonwealth may reject any proposal or rescind any contract awarded pursuant to this RFP. Professionals must agree to make no other distribution of any part of their proposal beyond that made to the Issuing Office. A Professional who shares information contained in their proposal with other Commonwealth personnel and/or competing Professional personnel may be subject to disqualification. I-22. I-23. I-24. I-25. Standard Professional Agreement. The selected Professional(s) will be expected to enter into an agreement as contained in the standard PROFESSIONAL DESIGN SERVICES AGREEMENT attached as APPENDIX A to this RFP. Debriefing Conferences. Professionals whose proposals are not selected will be notified of the name(s) of the selected Professional(s) and will be given the opportunity to be debriefed. The issuing office will schedule the time and location of the debriefing. The Professional will not be compared with other contractors, other than the position of its proposal in relation to all other proposals for each criterion for selection. Professional s exercise of the opportunity to be debriefed shall not constitute the filing of a protest hereunder. Commonwealth Participation. Unless specifically noted in this section, Professionals must provide all services to complete the identified work. Term of Contract. The term of the Agreement will commence on the Effective Date (as defined below) and will end one year from the effective date. The Agreement may be renewed by contract amendment for up to four (4) additional consecutive annual terms, with a final termination date of five (5) years from the effective date. The Effective Date shall be fixed by the Issuing Office after the contract has been fully executed by the Professional and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The selected Professional(s) shall not start the performance of any work prior to the Effective Date of the contract and the Commonwealth shall not be liable to pay the Selected Professional(s) for any service or work performed or expenses incurred before the Effective Date of the contract. I-26. Professional s Representations and Authorizations. Each Professional by submitting its proposal understands, represents, and acknowledges that: A. All information provided by, and representations made by, the Professional in the proposal are material and important and will be relied upon by the Issuing Office in awarding the contract(s). Any misstatement shall be treated as fraudulent concealment from the Issuing Office of the true facts relating to the submission of this proposal. A misrepresentation shall be punishable under 18 Pa. C.S B. The price(s) and amount of this proposal have been arrived at independently and without consultation, communication or agreement with any other Professional or potential Professional. Page 9 of 22

10 C. Neither the price(s) nor the amount of the proposal, and neither the approximate price(s) nor the approximate amount of this proposal, have been disclosed to any other firm or person who is a Professional or potential Professional, and they will not be disclosed on or before the proposal submission deadline specified in the Calendar of Events to this RFP. D. No attempt has been made or will be made to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. E. The proposal is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. F. To the best knowledge of the person signing the proposal for the Professional, the Professional, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as disclosed by the Professional in its proposal. G. To the best of the knowledge of the person signing the proposal for the Professional and except as otherwise disclosed by the Professional in its proposal, the Professional has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Professional that is owed to the Commonwealth. H. The Professional is not currently under suspension or debarment by the Commonwealth, or any other state, or the federal government, and if the Professional cannot certify, then it shall submit along with the proposal a written explanation of why such certification cannot be made. I. The Professional has not, under separate contract with the Issuing Office, made any recommendations to the Issuing Office concerning the need for the services described in the proposal or the specifications for the services described in the proposal. J. Each Professional, by submitting its proposal, authorizes all Commonwealth agencies to release to the Commonwealth information related to liabilities to the Commonwealth including, but not limited to, taxes, unemployment compensation, and workers compensation liabilities. K. Until the selected Professional receives a fully executed and approved written contract from the Issuing Office, there will be no legal and valid contract, in law or in equity, and the Professional shall not begin to perform. Page 10 of 22

11 I-27. Notification of Selection. The responsible Professionals whose proposals are determined to be the most advantageous to the Commonwealth, as determined by the Issuing Office, after taking into consideration all of the evaluation factors, shall be notified in writing of their selection for negotiation. Professionals whose proposals are not selected will be notified when contract negotiations have been completed and the issuing office has received the final contract signed by the selected Professional. I-28. I-29. RFP Protest Procedure. Protests of solicitations or awards shall be filed and resolved in accordance with Section of the CPC. Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If a Professional electronically accepts the RFP, the Professional acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Professional s possession and the Issuing Office s version of the RFP, the Issuing Office s version shall govern. Page 11 of 22

12 PART II INFORMATION REQUIRED FROM PROFESSIONALS Professional proposals must be submitted in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements in this part of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. All cost data relating to this proposal and all Small Diverse Business cost data should be kept separate from and not included in the Technical Submittal. Failure to meet this requirement will result in automatic disqualification of the proposal. Each proposal shall consist of three (3) separately sealed submittals. The submittals are as follows: (i) Technical Submittal, in response to Sections II-1 through II-8, and Section II-11 hereof; (ii) Small Diverse Business Submittal, in response to Section II-9 hereof; and (iii) Cost Submittal, in response to Section II-10 hereof. In addition to the paper copies of the proposal, Professionals shall submit (on CD, DVD, or Flash drive) one (1) complete electronic copy of the Technical Submittal in Adobe Acrobat (PDF) format, along with all requested paper copy documents as detailed in Section I-12. The Commonwealth reserves the right to request additional information which, in the Commonwealth s opinion, is necessary to assure that the Professional s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the contract. The Commonwealth may make such investigations as deemed necessary to determine the ability of the Professional to perform the work, and the Professional shall furnish to the Commonwealth all such information and data for this purpose as requested by the Commonwealth. The Commonwealth reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Professional fails to satisfy the Commonwealth that such Professional is properly qualified to carry out the obligations of the agreement and to complete the work specified. II-1. II-2. II-3. Statement of the Problem. State in succinct terms your understanding of the services required by this RFP. Management Summary. Include a narrative description of the proposed effort and a list of the items to be delivered or services to be provided. Work Plan. Describe in narrative form your technical plan for accomplishing the work. Use the items in Part IV of this RFP as a reference point. Modifications of the items are permitted; however, reasons for changes should be fully explained. Include a Program Evaluation Technique (PERT) or similar type display, time related, showing each event. If more than one approach is apparent, comment on why you chose this approach. Page 12 of 22

13 II-4. II-5. II-6. Prior Experience. Include experience in providing aerial photography and mapping services for the development of plans for, but not limited to, reclamation of abandoned mine lands projects, control and extinguishment of subsurface mine fires, abatement of AMD water pollution and flood protection projects. Experience shown should be work done by individuals who will be assigned to this project as well as that of your company. Studies or projects referred to should be identified and the name of the customer shown, including the name, address, and telephone number of the responsible official of the customer, company, or agency who may be contacted. Personnel and Equipment. Include the number of professional personnel, photogrammetrists, stereo compilers, surveyors, programmers, etc., who will be engaged in the work. Show where these personnel will be physically located during the time they are engaged in the work. Include education and experience in photogrammetric mapping and surveying. Indicate the responsibilities each will have in this project and how long each has been with your company. Include type of equipment which will be used to provide the required services. Identify subcontractors you intend to use and the services they will perform. Financial Capability. Financial Capability information will not be evaluated as part of this RFP and is not required. II-7. Turn Around Time Data. Schedule C, attached hereto, shall be completed by the Professional and submitted. II-8. II-9. Objections and Additions to Standard Contract Terms and Conditions. Professional will identify which, if any, of the terms and conditions contained in Appendix A it would like to renegotiate and what additional terms and conditions Professional would like to have included in the terms and conditions. Professional s failure to make a submission under this paragraph will result in its waiving its right to do so later, but the Commonwealth may consider late objections and additional requests if it is in the best interest of the Commonwealth to do so. The Commonwealth may, in its sole discretion, reject any changes requested by the Professional. Requested changes must be to the terms and conditions set out in Appendix A. Requests to change other provisions of the RFP will not be considered. A request that Professional s terms and conditions be substituted for Appendix A will not be considered. All terms and conditions must appear in one integrated contract. References to online guides or online terms and conditions will not be accepted. Small Diverse Business Participation Submittal. A. To receive credit for being a Small Diverse Business or for subcontracting with a Small Diverse Business (including purchasing supplies and/or services through a purchase agreement), a Professional must include proof of Small Diverse Business qualification in the Small Diverse Business participation submittal of the proposal, as indicated below: A Small Diverse Business verified by BSBO as a Small Diverse Business must provide a photocopy of its DGS issued certificate entitled Notice of Small Business Self- Certification and Small Diverse Business Verification indicating its diverse status. Page 13 of 22

14 B. In addition to the above certificate, the Professional must include in the Small Diverse Business participation submittal of the proposal the following information: 1. All Professionals must include a numerical percentage which represents the total percentage of the work (as a percentage of the total Contract price which includes all Task Agreements issued under the contract, for purposes of the SDB submittal only, assume a total contract price of $500,000) to be performed by the Professional and not by subcontractors and suppliers. 2. All Professionals must include a numerical percentage which represents the total percentage of the work as a percentage of the total Contract price (for purposes of the SDB submittal only, assume a total contract price of $500,000) paid to the Professional under the Contract that the Professional commits to paying to Small Diverse Businesses (SDBs) as subcontractors. Professionals will be required to meet the same SDB percentage of the actual contract price. To support its total percentage SDB subcontractor commitment, Professional must also include: a) The percentage and of each subcontract commitment to a Small Diverse Business; b) The name of each Small Diverse Business. The Professional will not receive credit for stating that after the contract is awarded it will find a Small Diverse Business. c) The services or supplies each Small Diverse Business will provide, including the timeframe for providing the services or supplies. d) The location where each Small Diverse Business will perform services. e) The timeframe for each Small Diverse Business to provide or deliver the goods or services. f) A subcontract or letter of intent signed by the Professional and the Small Diverse Business (SDB) for each SDB identified in the SDB Submittal. The subcontract or letter of intent must identify the specific work, goods or services the SDB will perform, how the work, goods or services relates to the project, 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. In addition, the subcontract or letter of intent must identify the fixed percentage commitment and associated estimated dollar value that each SDB will receive based on an assumed total value of the initial term of the contract as $100,000 for SDB scoring purposes only. Attached is a letter of intent template (Appendix C ) which may be used to satisfy these requirements. g) The name, address and telephone number of the primary contact person for each Small Diverse Business. 3. The total percentages and each SDB subcontractor commitment will become contractual obligations once the contract is fully executed. Page 14 of 22

15 4. The name and telephone number of the Professional s project (contact) person for the Small Diverse Business information. C. The Professional is required to submit two copies of its Small Diverse Business participation submittal. The submittal shall be clearly identified as Small Diverse Business information and sealed in its own envelope, separate from the remainder of the proposal. D. A Small Diverse Business can be included as a subcontractor with as many prime contractors as it chooses in separate proposals. E. A Professional that qualifies as a Small Diverse Business and submits a proposal as a prime contractor is not prohibited from being included as a subcontractor in separate proposals submitted by other Professionals. II-10. Cost Submittal. All cost data, SCHEDULE A and SCHEDULE B shall be filled in by the Professional in ink or typewritten and submitted. All cost data for the proposal shall be submitted in a separate sealed envelope within the sealed proposal and kept separate from the technical proposal. Failure to meet this requirement will result in automatic disqualification of the proposal. Only work satisfactorily performed after execution of a written contract, after the Professional s receipt of a notice to proceed from the Commonwealth and after the contract term has begun will be reimbursed. II-11. Additional Submittals. Submit from the PROFESSIONAL DESIGN SERVICES AGREEMENT (APPENDIX A), completed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Exhibit C, and the U.S. Department of the Interior Certification Regarding Lobbying, Exhibit D. Submit from the RPF, the Domestic Workforce Utilization Certification, Appendix B, Small Diverse Business Letter of Intent, Appendix C and Trade Secret/Confidential Proprietary Information Notice, Appendix D and the Proposal Cover Sheet, APPENDIX E. Page 15 of 22

16 PART III CRITERIA FOR SELECTION OF HIGHEST QUALIFIED FIRM; FEE NEGOTIATION III-1. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must be (a) timely received from a Professional; (b) properly signed by the Professional; and (c) formatted such that all cost data is kept separate from and not included in the Technical Submittal. All cost data for the proposal shall be submitted in a separate sealed envelope within the sealed proposal and kept separate from the technical proposal. Failure to meet this requirement will result in automatic disqualification of the proposal III-2. Technical Nonconforming Proposals. The three (3) Mandatory Responsiveness Requirements set forth in Section III-1 above (a-c) are the only RFP requirements that the Commonwealth will consider to be non-waivable. The Issuing Office reserves the right, in its sole discretion, to (1) waive any other technical or immaterial nonconformities in a Professional s proposal, (2) allow the Professional to cure the nonconformity, or (3) consider the nonconformity in the scoring of the Professional s proposal. III-3. Evaluation. All proposals received from Professionals will be reviewed and evaluated by a committee of qualified personnel selected by the Commonwealth in accordance with the selection method set forth in Section 905 of the CPC. Independent of the committee, BSBO will evaluate the Small Diverse Business participation submittal and provide the Issuing Office with a rating for this component of each proposal. The committee will recommend for selection the proposal(s) which it determines is the most advantageous to the Commonwealth after considering all of the evaluation factors. Award will only be made to a Professional determined to be responsible in accordance with Commonwealth Management Directive 215.9, Contractor Responsibility Program. III-4. Highest Qualified Firm Determination. The following areas of consideration will be used in making the selection of the highest qualified firm: A. Technical. The Commonwealth has established the weight for the technical criterion for this RFP as 80% of the total points. 1. Understanding the Problem. This refers to the Professional s understanding of the Department s needs that generated the RFP, of the Department s objectives in asking for the services and of the nature and scope of the work involved. 2. Professional Qualifications. This refers to the particular capability of the Professional to meet the terms of the RFP and perform the design services for the contract being considered. Page 16 of 22

17 3. Personnel Qualifications. This refers to the competence of personnel who would be assigned to the projects by the Professional. Qualifications of professional personnel will be measured by education and experience with particular attention to experience in photogrammetric mapping. Particular emphasis is placed on the qualifications of the project manager. 4. Professional Experience. This refers to the Professional s prior experience in providing the design services described in the RFP. 5. Turn Around Time. Emphasis here is the Professional s capability to deliver the services described in the RFP. 6. Available Equipment, Facilities. Consideration will be given to the equipment and facilities that are available to the Professional. 7. Geographic Proximity of Design Professional to the Work. Consideration will be given to the location of facilities and personnel assigned to the work in relation to the projects. 8. Equitable Distribution of Contracts to Design Professionals. B. Small Diverse Business Participation: BSBO has established the weight for the Small Diverse Business (SDB) participation criterion for this 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 below-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 fifty percent (50%) of the work subcontracted to it. 3. A significant subcontracting commitment is a minimum of five percent (5%) of the total contract value. 4. A subcontracting commitment less than five percent (5%) of the total 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 Professionals will receive 150 points. In addition, SDB prime Professionals that have significant subcontracting commitments to additional SDBs may receive up to an additional 50 points (200 points total available). Page 17 of 22

18 Subcontracting commitments to additional SDBs are evaluated based on the proposal offering the highest total percentage SDB subcontracting commitment. All other Professionals will be scored in proportion to the highest total percentage SDB subcontracting commitment within this ranking. See formula below. 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-small diverse businesses 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. All other Professionals will be scored in proportion to the highest total percentage SDB subcontracting commitment within this ranking. See formula below. Priority Rank 4: Proposals by non-small diverse businesses 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 and/or Priority Rank 3 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 proposal(s) 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 3 = 100 Total Points Available Please refer to the following webpage for an illustrative chart which shows SDB scoring based on a hypothetical situation in which the Commonwealth receives proposals for each Priority Rank: rement-resources/pages/default.aspx. Page 18 of 22

19 C. Domestic Workforce Utilization. Any points received for the Domestic Workforce Utilization criterion are bonus points in addition to the total points for this RFP. The maximum bonus points for this criterion is 3% of the total points for this RFP. To the extent permitted by the laws and treaties of the United States, each proposal will be scored for its commitment to use domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those Professionals who will perform the contracted direct labor exclusively within the geographical boundaries of the United States or within the geographical boundaries of a country that is a party to the World Trade Organization Government Procurement Agreement. Those who propose to perform a portion of the direct labor outside of the United States and not within the geographical boundaries of a party to the World Trade Organization Government Procurement Agreement will receive a correspondingly smaller score for this criterion. Professionals who seek consideration for this criterion must submit in hardcopy the signed Domestic Workforce Utilization Certification Form attached here to as Appendix B in the same sealed envelope with the Technical Submittal. The certification will be included as a contractual obligation when the contract is executed. III-5. Fee Negotiation. In accordance with the selection method in Section 905(g) of the CPC, once the Department has determined the highest qualified firm, it will use the cost data submitted by the Professional as part of its proposal as a basis for negotiating a fee determined to be fair and reasonable to the Commonwealth. Final negotiated cost data will be attached to the PROFESSIONAL DESIGN SERVICES AGREEMENT as SCHEDULE A and SCHEDULE B. III-6. Professional Responsibility. To be responsible, a Professional must submit a responsive proposal and possess the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance of the contract. In order for a Professional to be considered responsible for this RFP, and therefore, eligible for selection for best and final offer or selection for contract negotiations, the total score for the technical submittal of the Professional s proposal must be greater than or equal to 70% of the available technical points. Further, the Issuing Office will award a contract only to a Professional determined to be responsible in accordance with the most current version of Commonwealth Management Directive 215.9, Contractor Responsibility Program. III-7. Final Ranking and Award. A. After any best and final offer process conducted, the Issuing Office will combine the evaluation committee s final technical scores, BSBO s final small diverse business participation scores, and (when applicable) the domestic workforce utilization scores, in accordance with the relative weights assigned to these areas as set forth in this Part. Page 19 of 22

20 B. The Issuing Office will rank responsible Professionals according to the total overall score assigned to each, in descending order. C. The Issuing Office must select for contract negotiations the Professional with the highest overall score. D. The Issuing Office has the discretion to reject all proposals or cancel the request for proposals, at any time prior to the time a contract is fully executed, when it is in the best interests of the Commonwealth. The reasons for the rejection or cancellation shall be made part of the contract file. Page 20 of 22

21 PART IV WORK STATEMENT IV-1. Objective. The objective of the Division of Project Design in initiating the RFP is to retain up to two (2) firms to provide photogrammetric mapping services for reclamation of abandoned mine lands, control and extinguishment of subsurface mine fires, abatement of AMD water pollution, water line extension/water line replacement and flood protection projects in the Commonwealth of Pennsylvania. IV-2. Nature and Scope of the Work. The majority of photogrammetric mapping projects are located in the Bituminous coal fields of Western Pennsylvania and the Anthracite coal fields of Northeastern Pennsylvania. The work includes all the technical activities associated in aerial photography, surveying, photogrammetric mapping, map reproduction and digitizing the mapping activities for the reclamation of abandoned mine sites, control and extinguishment of subsurface mine fires, abatement of AMD water pollution, water line extension/water line replacement and flood protection projects. The Department reserves the right to assign a specific contract number. IV-3. Requirements. The specific activities for which the PROFESSIONAL is expected to provide the services are described in Paragraph 1.01 of the GENERAL REQUIREMENTS of the PROFESSIONAL DESIGN SERVICES AGREEMENT, APPENDIX A. IV-4 Contract Requirements Small Diverse Business Participation. All contracts containing Small Diverse Business participation must also include a provision requiring the selected contractor to meet and maintain those commitments made to Small Diverse Businesses at the time of proposal submittal or contract negotiation, unless a change in the commitment is approved by the BSBO. All contracts containing Small Diverse Business participation must include a provision requiring Small Diverse Business subcontractors to perform at least 50% of the subcontracted work. The selected contractor s commitments to Small Diverse Businesses 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. Any proposed change must be submitted to 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 Small Diverse 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 BSBO 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 Diverse Page 21 of 22

22 Business subcontractors and suppliers. Also, this information will serve as a record of fulfillment of the commitment the selected contractor made and for which it received Small Diverse Business 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 SMALL DIVERSE BUSINESS STATUS OR ENTITLE A PROFESSIONAL TO RECEIVE CREDIT FOR SMALL DIVERSE BUSINESS UTILIZATION. Page 22 of 22

23 APPENDIX A OSM PA (MAP-15) PROFESSIONAL DESIGN SERVICES AGREEMENT CONTRACT NO. OSM PA(MAP-15) THIS AGREEMENT, entered into this day of, 2015, by the DEPARTMENT OF ENVIRONMENTAL PROTECTION, of the Commonwealth of Pennsylvania, party of the first part, hereinafter called DEPARTMENT and, party of the second part, hereinafter called PROFESSIONAL. WHEREAS, aerial photography, surveying, mapping, map reproductions and other technical services are required for the development of plans for reclamation of abandoned mine lands, abatement of air and water pollution, prevention of surface subsidence and flood protection projects in the Commonwealth of Pennsylvania, and; services, and; WHEREAS, the PROFESSIONAL is qualified and equipped and agrees to perform such WHEREAS, it is in the best interest of the DEPARTMENT to obtain the assistance of the PROFESSIONAL in connection with said work and services. follows: NOW, THEREFORE, the parties hereto intending to be legally bound do mutually agree as Article 1 Character and Extent of Services. The PROFESSIONAL shall furnish the following work and services: As specified in Paragraph 1.01 of the GENERAL REQUIREMENTS attached hereto and made a part hereof. Article 2 Changes. The DEPARTMENT may at any time, by a written order, make any changes within the general scope of this AGREEMENT which may either increase or decrease the work and services hereunder. If such change causes an increase or decrease in the cost of or the time required for performance of this AGREEMENT, an equitable adjustment shall be made and the AGREEMENT shall be modified in writing accordingly. Article 3 Period of Services. The term of this AGREEMENT shall be for one year from the date of this AGREEMENT. The parties hereto may agree, by contract amendment, to renew this AGREEMENT for up to four (4) additional consecutive annual terms, with a final termination date of five (5) years from the date of this AGREEMENT, upon the same terms and conditions set forth in this AGREEMENT. Article 4 Compensation to the PROFESSIONAL. For services rendered, the PROFESSIONAL will be paid as per SCHEDULE A and in accordance with Paragraph 1.04 of the GENERAL REQUIREMENTS attached hereto and made a part hereof. No additional payment will be made for mapping costs which exceed the unit costs per acre shown on SCHEDULE B. No additional payment will be made for Field Survey and/or mapping acreage which exceeds the mapping acreage requested by the Page 1 of 41