35 X199762 Technical Assistance

INVITATION FOR BID (IFB)

PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

TECHNICAL ASSISTANCE

I-1. Statement of the Project. Implementation of Countywide Action Plans (CAPs) is occurring in all participating Chesapeake Bay counties thanks to an overwhelming increase of funding opportunities available for construction projects in recent years. With the availability of state and federal funding this year, we are hearing from our county partners that there is a corresponding increased need for technical assistance to complement project funding that existing local and county partners are struggling to meet. Outreach and technical assistance are paramount to initiating projects that help meet CAP implementation goals in support of cleaner local waters and Pennsylvania’s Phase 3 Watershed Implementation Plans (WIP). To this end, the Commonwealth of Pennsylvania (Commonwealth), Department of Environmental Protection’s (DEP) Bureau of Watershed Restoration and Nonpoint Source Management (BWRNSM) is seeking to build private technical assistance capacity in the Commonwealth’s portion of the Chesapeake Bay watershed with funding for contracted technical assistance providers to improve program capacity for outreach, inventory/evaluations, and design and engineering to streamline project implementation. The private technical assistance providers will deliver services to Commonwealth Chesapeake Bay counties related to outreach, project design, and engineering. The services may also include aiding with data management and Best Management Practice (BMP) reporting, as applicable.

This procurement’s purpose is to hire highly skilled professionals capable of assisting the Commonwealth’s County Partners with project outreach, design, engineering, and reporting by expanding technical assistance capacity. This project will lead to increased implementation of watershed BMPs in priority areas that yield high nutrient (nitrogen and phosphorus) and sediment reductions, reduced flooding, increased carbon sequestration, and improved habitat and general watershed health to the Commonwealth and the Chesapeake Bay watershed.

DEP is seeking an organization capable of providing outreach to all counties within the Commonwealth’s portion of the Chesapeake Bay Watershed. Responsibilities will include providing technical assistance for at least five projects annually within the Commonwealth’s portion of the Chesapeake Bay Watershed. DEP will utilize dedicated Infrastructure Investment and Jobs Act (IIJA) and Chesapeake Bay Regulatory and Accountability Program (CBRAP) federal funds with other potential funding sources to procure the technical assistance services.  

I-2. Qualifications.

A. Requirements. In response to this IFB, the contractor is required to provide the following:

1. All relative licensures, accreditations, narratives etc., as specified below, under the Question tab, located in the JAGGAER; and

2. Contractor Requirements:

• Working knowledge of the Commonwealth’s permitting requirements as they relate to agriculture conservation BMP implementation.

• Experience with current agricultural conservation and BMP planning, design, procurement, installation, and maintenance.

• Familiarity with the Commonwealth’s BMP Verification Program Plan.

• Experience with communication and outreach to local communities.

• Experience with the Commonwealth’s Tech Guide Standards and Specifications and Chesapeake Bay BMP definitions.

• Familiarity with applicable CAPs.

The Contractor shall perform all work in accordance with recognized professional standards and practices. It shall be the contractor’s responsibility to furnish qualified personnel to perform the assigned tasks as required in this Invitation for Bid.

The contractor agrees to comply with Federal Requirements, included as part of this IFB.

At a minimum, the Contractor shall meet with the Project Manager on a monthly basis. More frequent meetings may be required, as needed, to discuss the implementation of the contract. DEP reserves the right to review the contractor’s records related to the contracted services.

At a minimum, the Contractor shall submit a progress report on a monthly basis. Contractor may also submit a progress report when submitting an invoice. The progress report and project tracking spreadsheet shall include the following:

• Work planned for this period

• Work accomplished this period

• Work planned and not accomplished this period

• Deliverables submitted this period

• Changes to work plan this period

• Schedule status

• Work planned for next period

• Invoices pending

Contractor shall develop a standard agreement for execution between the landowner/tenant farmers and the planner. DEP shall approve the standard agreement.

3. Insurance Requirements

The contractor shall purchase and maintain, at its own expense, the following types of insurance, issued by companies acceptable to the Commonwealth:

1. Workmen’s Compensation Insurance sufficient to cover all employees of the successful bidder working to fulfill the obligations of this contract.

2. Public Liability and Property Damage Insurance to protect the Commonwealth, the Contractor, and any and all subcontractors from claims for damages for personal injury (including bodily injury), sickness or disease, accidental death and damage to property including the loss of use resulting from any property damage, which may arise from the activities performed under the Contract or the failure to perform under the Contract, whether such performance or non-performance be by the Contractor, by any subcontractor, or by anyone directly or indirectly employed by either. The minimum amounts of coverage shall be $250,000 per person and $1,000,000 per occurrence for bodily injury, including death, and $250,000 per person and $1,000,000 per occurrence for property damage. All policies shall be occurrence rather than claims-made policies. All policies shall not contain any endorsements or any other form designated to limit and restrict any action by the Commonwealth, as an additional insured, against the insurance coverage in regard to work performed for the Commonwealth.

Any policy shall name the Commonwealth and each property owner as an additional insured. Prior to the commencement of work under this contract, the successful bidder must provide the Commonwealth with current Certificates of Insurance. These Certificates shall contain a provision that coverages afforded under the policy shall not be cancelled or changed until at least thirty (30) days written notice has been given to DEP.

B. Experience.

The contractor must have at least two years’ experience in the following areas:

• Project management

• Agricultural BMP project implementation

• Financial management and standard general accounting principles

• Technical assistance in watershed restoration within agricultural landscapes

• Conservation work

At a minimum, the contractor, shall have the following disciplines available in-house:

• Project Manager

• Accounting/Fiscal Manager

• Technical Assistance Professionals

• Data Management and Computer Data Entry

The following requirements shall be available in-house or through sub-contracts:

• An employee with technical expertise in Manure Management Plans (MMPs) and Agriculture Erosion and Sediment Control (Ag E&S) Plan review

• Chesapeake Bay Program BMP tracking and verification protocols

• PracticeKeeper data entry

If the contractor enters into any subcontracts as part of this contract, the contractor must receive prior approval of DEP to enter into the subcontract.

C. Personnel. Contractor must provide the names and resumes of the individuals who will be assigned to this project. Individuals assigned to this project must have a minimum of two years’ experience demonstrating the qualifications and skills required to successfully develop and implement the project. It is very important that the proposed individuals have all proper and current certifications. The proposed project manager must have demonstrated project management skills and technical background and experience to appropriately manage the project. Contractor shall ensure that resumes contain no personal information as these documents may become public.

D. Subcontracting. If applicable, Contractor shall provide a subcontracting plan for all subcontractors, including small and small diverse business subcontractors, who will be assigned to the Project. A Contractor cannot sub-contract more than 49% of the services. Upon award of the contract resulting from this IFB, subcontractors included in the quote submission are deemed approved. For each position to be subcontracted, Contractor shall provide:

1. Name of subcontractor;

2. Primary contact name and email;

3. Address of subcontractor;

4. Description of services to be performed;

5. Number of employees by job category assigned to this project; and

6. Resumes (if appropriate and available).

I-3. Project Work Plan. Contractor will be responsible for performing the tasks listed in this below. In narrative form, Contractor shall describe its approach for accomplishing these tasks.

Contractor shall be required to perform various activities, on an as-needed basis, as follows:

A. Outreach and Communication – County partners have indicated that community outreach and relationship building efforts are key to successful BMP implementation. Part of the Technical Assistance Program (TAP) is outreach and communication with stakeholders, including DEP, the Commonwealth’s Department of Agriculture, the State Conservation Commission, Conservation Districts, private consultants, individual landowners, tenant farmers and other interested parties. This outreach and communication shall include:

1. Direct communications with landowners, farmers, conservation districts, CAP coordinators, private consultants, DEP Project Manager, and DEP regional office staff. DEP staff from the BWRNSM will serve as the Project Manager.

2. Outreach with traditionally underserved communities, such as the Commonwealth’s Plain Sect community, within the Chesapeake Bay Watershed.

3. At a minimum, meeting with the DEP Project Manager on a monthly basis. More frequent meetings may be required, as needed, to discuss the implementation of the contract.

4. Providing monthly progress reports regarding the outreach plan and outreach completed, inventory/evaluations, if applicable, potential engineering/design needed, and any projects available for immediate funding. More information regarding the requirements for progress reports can be found in Section II.

5. In-person and conference call meetings will be required.

B. Administrative and Oversight – This shall include all aspects of tracking, preparing, documenting, and submitting reimbursement requests:

1. Requests for reimbursement will be submitted by the contractor to the DEP Project Manager on a monthly basis, with appropriate back-up documentation, using forms approved by DEP.

2. Contractor will provide work outputs such as completed inventory/evaluations and designs for applicable projects to interested parties, as needed and as requested by DEP.

3. In coordination with DEP, contractor is responsible for tracking and recording of all BMPs designed and implemented and their related agricultural plans. Examples include: Agricultural Erosion & Sediment Control Plans (Ag E&S Plans), Manure Management Plans (MMPs), and/or Nutrient Management Plans (NMPs), as applicable. Reporting should be completed in the PracticeKeeper database. Plans must meet regulatory requirements and standards.

4. Requests for reimbursement will be processed within thirty days of receipt of the request upon contractor completion of appropriate data reporting indicating project completion.

C. Project Design and Engineering - This shall include technical assistance and design for at least five large scale projects annually per contracted entity. A large scale project can be considered one project with several BMPs included in a focused area to accomplish substantial gains in water quality. Technical assistance may also include “project readiness” costs. Additional design and engineering tasks that may be required include:

1. Providing technical assistance for counties lacking those resources in the public sector that is at low- or no-cost to the landowner/farmer.

2. Supporting document implementation and compliance through outreach visits.

3. Documenting and reporting BMPs implemented and verified through contractor assistance in the PracticeKeeper database.

4. Relieving the conservation districts of additional project workload pressures and supporting their efforts in making progress toward priority initiatives and goals within their CAPs.

5. Making decisions based upon local knowledge of planned BMPs, local needs, and highest impact areas.

D. Tracking and Reporting – To ensure the Commonwealth gets credit for the development and implementation of any projects implemented as a result of outreach or engineering/design from this program, the Contractor will ensure that state reporting requirements are met by:

Providing any requested information in electronic format to the appropriate project funding source and ensure that the designs meet the technical standards required.

• If the designs do not meet the regulatory requirements, the Contractor will work with the associated DEP regional office or County Conservation District, as applicable, until outstanding issues are resolved.

• The Contractor will not use any personal or business information acquired as a result of this program for Contractor’s personal gain.

The Contractor will enter all plans and BMPs into PracticeKeeper database, or an alternative data system, provided by DEP. DEP will provide training and guidance on the proper data entry procedures.

If BMP technical assistance services are provided during the implementation phase of the project, copies of all redline designs and related agricultural plans will be collected by the contractor and uploaded as an electronic attachment to the Practicekeeper database. The redline designs and related agricultural plans will be reviewed for meeting Commonwealth regulatory requirements and Chesapeake Bay Program criteria for reporting, prior to commencing reimbursement. Upon completion of these tasks, the redline designs and agricultural plans will be returned to the landowner/tenant farmers or they will be shredded.

E. Meeting Time - This includes the time necessary for consultation between DEP and the Contractor, between the Contractor and the landowners, and between the Contractor and any other entity where a meeting is required to discuss information pertinent to the successful completion of the project.

I-4. Travel. Approved travel shall be reimbursed in accordance with the Commonwealth Travel Policy, Management Directive 230.10 as amended.

CONTRACT TERM

The term of this Project shall commence upon issuance of a Contract or a fully executed Purchase Order to the selected Contractor (“Effective Date”), and shall expire on June 30, 2027, after the Effective Date, unless it is terminated earlier pursuant to the terms of the Contract or Purchase Order. The parties may mutually agree to renew the contract, under the same terms and conditions contained herein, for up to four (4) additional consecutive annual terms, with a final termination date of June 30, 2031. On July 1, 2027, and each consecutive July 1st of the contract term, the hourly unit rate may be increased by a maximum of up to three percent (3%) of the hourly rate, then in effect, for each year. The escalation is not automatic. With each contract renewal request, the Contractor shall provide the DEP with at least ninety (90) days written notice of intent to renew. The term of this Project may be extended by and at the sole option of the Commonwealth for up to 90 days upon the same terms and conditions where a continued needed exists for the services of the selected Contractor and there has been no termination under the terms of the Contract or Purchase Order.

INSTRUCTIONS TO BIDDERS:

DEP is requesting price bids for the items listed in the IFB “Specifications” section. Each bidder shall supply a price for all items. Award will be made based on the lowest grand total price.

AGENCY CONTACTS

1. Any technical questions should be directed to Kathryn R. Bresaw, phone: 717-772-5650, email: kbresaw@pa.gov. Email communication is preferred.

2. Bidding procedure questions should be directed to Brady Fries, phone: 717.783.8381, email: bfries@pa.gov. Email communication is preferred.

BID SUBMISSION

1. All Bids must be submitted electronically through the Commonwealth’s Department of General Services’ (“DGS”) eMarketplace website. The eMarketplace website is located at http://www.emarketplace.state.pa.us. Neither DEP nor DGS are responsible for the maintenance of the eMarketplace website.

2. DGS’s Supplier Service Center (https://www.dgs.pa.gov/Materials-Services-Procurement/Supplier-Service-Center/Pages/default.aspx) is available to assist vendors with registration, bidding, and account management. For questions regarding registration help, send an email to RA-PSC_Supplier_Requests@pa.gov or call (877) 435-7363, choose option 1. For questions regarding bidding help, send an email to srmhelp@pa.gov or call (877) 435-7363, choose option 2.

3. DEP is not responsible for the support or functionality of any DGS website.

4. Locating and Responding to a Solicitation https://www.pa.gov/content/dam/copapwp-pagov/en/dgs/documents/documents/procurement-forms/supplier-service-center/locating%20and%20responding%20to%20a%20solicitation.pdf

ESTIMATED QUANTITIES

The quantities contained in this IFB section are estimated only and may increase or decrease dependent upon the needs of DEP. Ancillary items may be added to this acquisition at the discretion of both parties at a mutually agreed price. Any quantities noted are estimated and may be adjusted for budgeting purposes prior to award. The Contractor will be paid at the unit bid price for the quantities supplied.

PAYMENT TERMS

DEP shall make Payment to the Contractor on a service program basis at the unit bid price for the quantities supplied. Payment shall be made upon satisfactory receipt of items ordered or services rendered, and invoice submitted at the unit bid price for the quantities supplied.

BID AWARD

Award will be made to the responsible, responsive bidder based on the lowest grand total price in accordance with the Specifications. Bidders shall complete and return all attached forms electronically attached to the IFB file.