Mapping Services

REQUEST FOR PROPOSALS FOR

MAPPING SERVICES

AERIAL PHOTOGRAPHY, SURVEYING, AND MAPPING SERVICES

ISSUING OFFICE

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF ABANDONED MINE RECLAMATION

RFP NUMBER

OSM PA(MAP-26)

DATE OF ISSUANCE

June 10, 2026

Small Diverse Businesses (SDB) and Veteran Business Enterprises (VBE) are encouraged to respond to this solicitation. If you haven't verified as an SDB or VBE within Pennsylvania, you may miss out on contracting opportunities designed to increase the Commonwealth's spending with SDBs and VBEs. These opportunities will be available for goods, services, information technology services and products, as well as design, engineering and construction contracts.

To review SDB and VBE program eligibility and for more information on seeking certification, please visit and follow the links to "Small Diverse Business Program" or "Small Business Contracting Program" located under the "Businesses" heading. Direct customer assistance is also available from staff within the Bureau of Diversity, Inclusion, and Small Business Opportunities by calling 717-783-3119 or via email at .

REQUEST FOR PROPOSALS FOR

MAPPING SERVICES

AERIAL PHOTOGRAPHY, SURVEYING AND MAPPING SERVICES

TABLE OF CONTENTS

CALENDAR OF EVENTS Page iv

Part I-GENERAL INFORMATION Page 1-7 of 65

Part II-CRITERIA FOR SELECTION Page 8-10 of 65

Part III-TECHNICAL SUBMITTAL Page 11-13 of 65

Part IV - COST SUBMITTAL Page 14 of 65

Part V- SMALL DIVERSE BUSINESS AND VETERAN

BUSINESS ENTERPRISE PARTICIPATION INFORMATION Page 15 of 65

Part VI - SAMPLE CONTRACT TEMPLATE FOR MAPPING SERVICES Page 16-50 of 65

APPENDICES

APPENDIX A, PROPOSAL COVER SHEET

APPENDIX B, COST SUBMITTAL

SCHEDULE A PROFESSIONAL'S RATES

SCHEDULE B MAXIMUM FEES FOR MAPPING AND SURVEY TEST PROFILES

APPENDIX C, DOMESTIC WORKFORCE UTILIZATION CERTIFICATION

APPENDIX D, IRAN FREE PROCUREMENT CERTIFICATION

APPENDIX E, TRADE SECRET/CONFIDENTIAL PROPRIETARY INFORMATION NOTICE FORM

APPENDIX F, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS

APPENDIX G, U.S. DEPARTMENT OF THE INTERIOR CERTIFICATION REGARDING LOBBYING

CALENDAR OF EVENTS

The Commonwealth will make every effort to adhere to the following schedule:

PART I

GENERAL INFORMATION

Purpose. This request for proposals (RFP) provides to those interested in submitting proposals for the subject procurement ("Offerors") sufficient information to enable them to prepare and submit proposals for the Department of Environmental Protection's consideration on behalf of the Commonwealth of Pennsylvania ("Commonwealth") to satisfy a need for mapping services - aerial photography, surveying and mapping services ("Project"). This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the service to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP.

Issuing Office. The Department of Environmental Protection ("Issuing Office") has issued this RFP on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be the Department of Environmental Protection (DEP), Bureau of Abandoned Mine Reclamation (BAMR), the Issuing Officer for this RFP. Please refer all inquiries to the Issuing Officer via email at RA-.

Overview of Project. This RFP contains instructions governing the requested proposals to be submitted and the material to be included therein; a description of the service to be provided; requirements which Contractors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP to be met by each proposal.

Objective. The objective of the Issuing Office in initiating the RFP is to retain approximately two firms to provide photogrammetric mapping services, 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 in the Commonwealth of Pennsylvania. The majority of photogrammetric mapping projects are located in the Bituminous coal fields of Western Pennsylvania and the Anthracite coal fields of Northeastern Pennsylvania.

Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a Contract for Mapping Services containing the Contract Terms and Conditions as shown in Part VI (though note that such Terms and Conditions are subject to change). The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project.

Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposal received as a result of this RFP.

Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract.

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.

Questions & Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line "RFP OSM PA (MAP-26) Question") to as indicated in Part I, Section I-2 of the RFP. If the Offeror has questions, they may be submitted as they arise via email, but no later than the date indicated on the Calendar of Events. The Issuing Officer shall post the answers to the questions to eMarketplace at on an ongoing basis until the deadline stated on the Calendar of Events. When an Offeror submits a question after the deadline date for receipt of questions indicated on the Calendar of Events, the Issuing Officer may respond to questions of an administrative nature by directing the questioning Offeror 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, the question and answer will be provided to all Offerors through an addendum.

All questions and responses as posted to eMarketplace are considered as an addendum to, and part of, this RFP in accordance with RFP Part I, Section I-10. Each Offeror shall be responsible for monitoring eMarketplace 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 Part I, Section I-27.

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 eMarketplace at . It is the Offeror's responsibility to periodically check eMarketplace for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to eMarketplace as addenda to the RFP.

Response Date. To be considered for selection, electronic proposal submissions as described in Part I, Section I-12 must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via mail, email, or facsimile transmission. The Issuing Office will reject (unopened) any late proposals.

Proposal Requirements.

Proposal Submission: To be considered, Offerors should submit a complete response to this RFP to the Issuing Office, using the format provided in Section I-12B, providing a single electronic proposal with separate files for the Technical Submittal (see Part III) and Cost Submittal (Appendix B to this RFP) via email (with the subject line "RFP OSM PA (MAP-26) Proposal") to . The electronic submission must be in Microsoft Office or Microsoft Office compatible format and any spreadsheets must be in Microsoft Excel. The Offerors may not lock or protect any cells or tabs. The Offeror shall make no other distribution of its proposal to any other Offeror or Commonwealth official or Commonwealth consultant. Each proposal page should be numbered for ease of reference. An official authorized to bind the Offeror to its provisions must sign the proposal. If the official signs the Proposal Cover Sheet (Appendix A to this RFP) and the Proposal Cover Sheet is scanned and provided in a PDF version in the Offeror's electronically submitted proposal, the requirement will be met. For this RFP, the proposal must remain valid for one hundred twenty (120) days or until a contract is fully executed. If the Issuing Office selects the Offeror's proposal for award, the contents of the selected Offeror's proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations.

Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Office's address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror or its authorized representative may withdraw its proposal in person prior to the exact hour and date set for proposal receipt, provided the withdrawing person provides appropriate identification. An Offeror may modify its submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a clearly identified revised electronic submission marked as "Revised Proposal" which complies with the RFP requirements.

Proposal Format: Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all proposal requirements. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal and all Small Diverse Business and Veteran Business Enterprise cost data should be kept separate from and not included in the Technical Submittal. Offerors should not reiterate technical information in the cost submittal. Each electronic proposal shall consist of the following two separate electronic files:

Technical Submittal, in response to Part III:

Complete, sign and include Appendix A - Proposal Cover Sheet; and

Complete, sign and include Appendix C - Domestic Workforce Utilization Certification; and

Complete, sign and include Appendix D - Iran Free Procurement Certification Form.

Cost Submittal (Appendix B), in response to RFP Part IV;

The Issuing Office reserves the right to request additional information which, in the Issuing Office's opinion, is necessary to assure that the Offeror's competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the RFP.

The Issuing Office may make investigations as deemed necessary to determine the ability of the Offeror to perform the Project, and the Offeror shall furnish to the Issuing Office all requested information and data. The Issuing Office reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeror is properly qualified to carry out the obligations of the RFP and to complete the Project as specified.

Economy of Preparation. Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offeror's ability to meet the requirements of the RFP.

Alternate Proposals. The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting these requirements. The Issuing Office will not accept alternate proposals.

Discussions for Clarification. Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and 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 Contractor Responsibilities. The selected Offeror must perform the largest percentage of work as compared to its subcontractors and suppliers. Nevertheless, the contract will require the selected Offeror to assume responsibility for all services offered in its proposal whether it produces them itself or by subcontract. Further, the Issuing Office will consider the selected Offeror to be the sole point of contact with regard to all contractual matters.

Proposal Contents.

Confidential Information. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of Offerors' submissions in order to evaluate proposals submitted in response to this RFP. Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected. Any Offeror 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.

Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania. 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 proposal becomes part of a contract. Notwithstanding any Offeror copyright designations contained in 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.

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. 67.101, 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. 67.707(b) for the information to be considered exempt under 65 P.S. 67.708(b)(11) from public records requests. Refer to Appendix E of the 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 III of this RFP, such financial capability information is exempt from public records disclosure under 65 P.S. 67.708(b)(26).

Best and Final Offers (BAFO).

While not required, the Issuing Office reserves the right to conduct discussions with Offerors for the purpose of obtaining "best and final offers." To obtain best and final offers from Offerors, the Issuing Office may do one or more of the following, in any combination and order:

Request revised proposals;

Enter into pre-selection negotiations.

The following Offerors will not be invited by the Issuing Office to submit a Best and Final Offer:

Those Offerors which the Issuing Office has determined to be not responsible or whose proposals the Issuing Office has determined to be not responsive.

Those Offerors which the Issuing Office has determined in accordance with Part II, Section II-5 from the submitted and gathered financial and other information, do not possess the financial capability, experience or qualifications to assure good faith performance of the contract.

The Issuing Office may further limit participation in the best and final offers process to those remaining responsible offerors which the Issuing Office has, within its discretion, determined to be within the top competitive range of responsive proposals.

The Evaluation Criteria found in Part II, Section II-4, shall also be used to evaluate the Best and Final offers.

Price reductions offered through any online auction shall have no effect upon the Offeror's Technical Submittal.

News Releases. Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Project without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office.

Restriction of Contact. From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Issuing Office to reject the offending Offeror's proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations of this condition, the Issuing Office may reject the offending Offeror's proposal or rescind its contract award. Offerors must agree not to distribute any part of their proposals beyond the Issuing Office. An Offeror who shares information contained in its proposal with other Commonwealth personnel and/or competing Offeror personnel may be disqualified.

Issuing Office Participation. Offerors shall provide all services, supplies, facilities, and other support necessary to complete the identified work, except as otherwise provided in this Part I, Section I-21.

Sample Contract Template for Mapping Services. The selected Offerors will be expected to enter into an agreement as contained in the standard Sample Contract Template for Mapping Services in Part IV of this RFP (though note that the terms and conditions of this contract are subject to change).

Term of Contract. The term of the contract will commence on the Effective Date (as defined below) and will end five years from the effective date. The Issuing Office will fix the Effective Date after the contract has been fully executed by the selected Offeror and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The selected Offeror 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 Offeror for any service or work performed or expenses incurred before the Effective Date of the contract.

Offeror's Representations and Authorizations. By submitting its proposal, each Offeror understands, represents, and acknowledges that:

All of the Offeror's information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable pursuant to 18 Pa. C.S. 4904.

The Offeror has arrived at the price(s) and amounts in its proposal independently and without consultation, communication, or agreement with any other Offeror or potential offeror.

The Offeror has not disclosed the price(s), the amount of the proposal, nor the approximate price(s) or amount(s) of its proposal to any other firm or person who is an Offeror or potential offeror for this RFP, and the Offeror shall not disclose any of these items on or before the proposal submission deadline specified in the Calendar of Events of this RFP.

The Offeror has not attempted, nor will it attempt, 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.

The Offeror makes its proposal 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.

To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four 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 the Offeror has disclosed in its proposal.

To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror 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 Offeror that is owed to the Commonwealth.

The Offeror is not currently under suspension or debarment by the Commonwealth, any other state or the federal government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make such certification.

The Offeror has not made, under separate contract with the Issuing Office, any recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal.

Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers' compensation liabilities.

Until the selected Offeror receives a fully executed and approved written contract from the Issuing Office, there is no legal and valid contract, in law or in equity, and the Offeror shall not begin to perform.

The Offeror is not currently engaged, and will not during the duration of the contract engage, in a boycott of a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce.

Notification of Selection.

Contract Negotiations. The Issuing Office will notify all Offerors in writing of the Offeror selected for contract negotiations after the Issuing Office has determined, taking into consideration all of the evaluation factors, the proposal that is the most advantageous to the Issuing Office.

Award. Offerors whose proposals are not selected will be notified when contract negotiations have been successfully completed and the Issuing Office has received the final negotiated contract signed by the selected Offeror.

Debriefing Conferences. Upon notification of award, Offerors whose proposals were not selected will be given the opportunity to be debriefed. The Issuing Office will schedule the debriefing at a mutually agreeable time. The debriefing will not compare the Offeror with other Offerors, other than the position of the Offeror's proposal in relation to all other Offeror proposals. An Offeror's exercise of the opportunity to be debriefed does not constitute nor toll the time for filing a protest (See Section I-27 of this RFP).

RFP Protest Procedure. The RFP Protest Procedure is on the DGS website at

. A protest by a party that has not or has not yet submitted a proposal must be filed no later than the proposal submission deadline specified in the Calendar of Events of the RFP. Offerors may file a protest within seven days after the protesting Offeror knew or should have known of the facts giving rise to the protest, but in no event may an Offeror file a protest later than seven days after the date the notice of award of the contract is posted on the DGS website. The date of filing is the date of receipt of the protest. A protest must be filed in writing with the Issuing Office. To be timely, the protest must be received by 4:00 p.m. on the seventh day.

Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If an Offeror electronically accepts the RFP, the Offeror 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 Offeror's possession and the Issuing Office's version of the RFP, the Issuing Office's version shall govern.

Federal Regulatory Requirements. See Part VI, Attachment C, for Department of Environmental Protection Federal Requirements.

PART II

CRITERIA FOR SELECTION

Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must:

Be timely received from an Offeror (see Part I, Section I-11); and

Be properly signed by the Offeror (see Part I, Section I-12A)

Technical Nonconforming Proposals. The four Mandatory Responsiveness Requirements set forth in Section II-1 above (A-D) 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 an Offeror's proposal, (2) allow the Offeror to cure the nonconformity, or (3) consider the nonconformity in the scoring of the Offeror's proposal.

Evaluation. The Issuing Office has selected a committee of qualified personnel to review and evaluate timely submitted proposals. The Issuing Office will notify in writing of its selection for negotiation the responsible Offeror whose proposal is determined to be the most advantageous to the Commonwealth as determined by the Issuing Office after taking into consideration all of the evaluation factors.

Evaluation Criteria. The following criteria will be used in evaluating each proposal:

Technical: The Issuing Office has established the weight for the technical criterion for this RFP as 100 % of the total points. Evaluation will be based upon the following:

Understanding the Problem. This refers to the Contractor's understanding of the Issuing Office's needs that generated the RFP, of the Issuing Office's objectives in asking for the services and of the nature and scope of the work involved, including the Contractor (the consulting firm/company) providing a management summary, work plan, and all other information required by this RFP in a clear, complete, well-organized manner.

Contractor Qualifications. This refers to the particular capability of the Contractor to meet the terms of the RFP and perform the design services for the contract being considered. This includes having adequate technical and management staff to provide timely deliverables that conform to sound engineering practice, and adequate administrative staff to prepare and process correspondence, accurate invoices, etc. The Contractor's reliance on subcontractors/sub-consultants (subcontractors) will also be considered. Identify by name any subcontractors you intend to use.

Personnel Qualifications. This refers to the competence of personnel who would be assigned to the Issuing Office projects by the Contractor, the number of personnel, draftsmen, engineers, surveyors and clerical support, subcontractor personnel, etc., who will be specifically engaged in the assigned work, where these personnel will be physically located during the time they are engaged in the work, the responsibilities each will have, and how long each has been with your company (or engaged as a subcontractor) and what their qualifications are. Particular emphasis is placed on the qualifications of the project manager. Qualifications of Contractor personnel, including subcontractor personnel, will be measured by their education, experience in various disciplines, project management experience and any professional licensures, i.e. PE, PLS, etc. The Issuing Office will pay particular attention to experience in photogrammetric mapping, and other technical services, as required. Identify by name any subcontractors you intend to use and the services they will perform.

Contractor Experience. This refers to the Contractor's prior experience in providing the design services described in the RFP, and any special techniques or experience that could be considered advantageous or necessary to accomplish the required work. Experience shown should be work done by individuals who will be specifically assigned to Issuing Office projects, as well as that of your company. Any experience that is to be relied on by subcontractors should also be provided. 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 whom may be contacted.

Turnaround Time. Emphasis here is the Contractor's capability to deliver the services described in the RFP.

Available Equipment, Facilities. Consideration will be given to the equipment and facilities, including branch offices, that are available to the Contractor for the contract being considered.

Geographic Proximity of Contractor to the Work. Consideration will be given to the location of facilities and personnel assigned to the work in relation to the projects.

Equitable Distribution of Contracts to Contractors.

Cost: All cost data for the proposal shall be submitted in a separate file and kept separate from the Technical Proposal (see Part I, Section 12 and Part IV). Failure to meet this requirement will result in automatic disqualification of the proposal. See Part II, Section II-5 for Fee Negotiation.

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 amount of bonus points available 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 Offerors 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. See the following webpage for the Domestic Workforce Utilization Formula:

RFP Scoring Formula | Procurement Resources | Department of General Services | Commonwealth of Pennsylvania

Iran Free Procurement Certification and Disclosure. Prior to entering a contract worth at least $1,000,000 or more with a Commonwealth entity, an offeror must: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the Pennsylvania Department of General Services ("DGS") pursuant to Section 3503 of the Procurement Code and is eligible to contract with the Commonwealth under Sections 3501-3506 of the Procurement Code; or b) demonstrate it has received an exception from the certification requirement for that solicitation or contract pursuant to Section 3503(e). All offerors must complete and return the Iran Free Procurement Certification form, (Appendix D, Iran Free Procurement Certification Form), which is attached hereto and made part of this RFP. The completed and signed Iran Free Procurement Certification form must be submitted as part of the Technical Submittal.

See the following web page for current Iran Free Procurement list:

Iran-Free Procurement List | Procurement Resources | Department of General Services | Commonwealth of Pennsylvania

Fee Negotiation. In accordance with the selection method in Section 905(g) of the CPC, once the Issuing Office has determined the highest qualified firm, it will use the cost data submitted by the Offeror 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 Part IV - Sample Contract Template for Mapping Services as Schedule A - OSM PA(MAP-26) Contractor's Rates and Schedule B - OSM PA(MAP-26) Maximum Fees for Mapping and Maximum Fees for Survey Test Profiles.

Offeror Responsibility. To be responsible, an Offeror 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. Further, the Issuing Office will award a contract only to an Offeror who possesses a System for Award Management Registration and is determined to be responsible in accordance with the most current version of Commonwealth Management Directive 215.9, Contractor Responsibility Program.

Final Ranking and Award.

After any best and final offer process conducted, the Issuing Office will combine the evaluation committee's final technical scores, the final cost 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.

The Issuing Office will rank responsible offerors according to the total overall score assigned to each, in descending order.

The Issuing Office must select for contract negotiations the offeror with the highest overall score.

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.

PART III

TECHNICAL SUBMITTAL

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 Issuing Office reserves the right to assign a specific contract number.

Statement of the Project. State in succinct terms your understanding of the services required by this RFP.

Offeror Response

Qualifications.

Company Overview. Include a narrative description of the proposed effort and a list of the items to be delivered or services to be provided.

Offeror Response

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 must 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.

Offeror Response

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 through a resume, or similar document, 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 by name any subcontractors/sub-consultants you intend to use and the services they will perform, but do not submit a Schedule A for subcontractors/sub-consultants.

Offeror Response

Financial Capability. Financial Capability information will not be evaluated as part of this RFP and is not required.

Offeror Response

Work Plan. Describe in narrative form your technical plan for accomplishing the work. Use the items in Part III of this RFP and other applicable parts as a reference point. Modifications of the task descriptions are permitted; however, reasons for changes should be fully explained. Indicate the number of person hours allocated to each task. Include a Program Evaluation and Review 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.

Offeror Response

Requirements. The specific activities for which the Offeror is expected to provide the services are described in Paragraph 1.01 of the Scope of Work in Attachment A of the Contract for Mapping Services (Part VI).

Offeror Response

Emergency Preparedness.

To support continuity of operations during an emergency, including a pandemic, the Commonwealth needs a strategy for maintaining operations for an extended period of time. One part of this strategy is to ensure that essential contracts that provide critical business services to the Commonwealth have planned for such an emergency and put contingencies in place to provide needed goods and services.

Describe how you anticipate such a crisis will impact your operations.

Describe your emergency response continuity of operations plan. Please attach a copy of your plan, or at a minimum, summarize how your plan addresses the following aspects of pandemic preparedness:

Employee training (describe your organization's training plan, and how frequently your plan will be shared with employees)

Identified essential business functions and key employees (within your organization) necessary to carry them out

Contingency plans for:

How your organization will handle staffing issues when a portion of key employees are incapacitated due to illness.

How employees in your organization will carry out the essential functions if contagion control measures prevent them from coming to the primary workplace.

How your organization will communicate with staff and suppliers when primary communications systems are overloaded or otherwise fail, including key contacts, chain of communications (including suppliers), etc.

How and when your emergency plan will be tested, and if the plan will be tested by a third-party.

Offeror Response

Reports and Project Control.

Status Report. A periodic (as specified by the Issuing Office) progress report covering activities, problems and recommendations. This report should be keyed to the work plan the Offeror developed in its proposal, as amended or approved by the Issuing Office.

Offeror Response

Objections and Additions to Standard Contract Terms and Conditions. Modifications to the terms and conditions contained in Part IV will not be accepted.

Additional Submittals. Submit from the Contract for Mapping Services (Part VI), the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," (Appendix F), and the "U.S. Department of the Interior Certification Regarding Lobbying," (Appendix G).

Submit from the RFP, the Proposal Cover Sheet (Appendix A), the Domestic Workforce Utilization Certification for Multiple Award Contracts (Appendix C), the Iran Free Procurement Certification (Appendix D), the Trade Secret/Confidential Proprietary Information Notice (Appendix E).

Offerors who seek consideration for Domestic Workforce Utilization must submit in hardcopy the signed Domestic Workforce Utilization Certification Form for Multiple Award Contracts (Appendix C) in the same sealed envelope with the Technical Submittal. Only work satisfactorily performed after execution of a written contract, after the Offeror's receipt of a notice to proceed from the Commonwealth and after the contract term has begun will be reimbursed.

Offeror Response

PART IV

COST SUBMITTAL

Cost Submittal. The information requested in this Part IV shall constitute the Cost Submittal (Appendix B to this RFP). The Cost Submittal shall be submitted electronically in accordance with Part I, Section I-12A. In the Contract for Mapping Services Agreement (Part VI), all cost data, Schedule A and Schedule B shall be filled in and submitted. All cost data for the proposal shall be submitted in a separate file and kept separate from the technical proposal. Failure to meet this requirement will result in automatic disqualification of the proposal. The percentage of commitments to Small Diverse Businesses and Veteran Business Enterprises should not be stated in the Cost Submittal. Offerors should not include any assumptions in their cost submittals. If the Offeror includes assumptions in its cost submittal, the Issuing Office may reject the proposal. Offerors should direct in writing to the Issuing Office pursuant to Part I, Section I-9 of this RFP any questions about whether a cost or other component is included or applies. All Offerors will then have the benefit of the Issuing Office's written answer so that all proposals are submitted on the same basis. For the purpose of uniformity, predetermined job titles have been provided on Schedule A. Show hourly rates for all personnel that will be utilized in providing the mapping services. If an employee's job title is not listed on Schedule A, use the job title that is closest to the employee's education and experience level. If the listed job title does not apply, show "N/A" in lieu of an hourly rate. Include overhead costs and travel expenses in the Offeror's hourly rates on Schedule A. Please include any annual rate increases requested in Schedule A in this submittal. If no annual increase is shown, it will be assumed that no annual increase is being requested for this agreement. Personnel hourly rates for identified subcontractors/sub-consultants (see Part III, Section III-2C) should not be submitted.

Overhead costs, which generally consist of, but are not limited to, copies, mailing costs, and telephone costs will be considered incidental to the Offeror's hourly rates and will not be billed nor reimbursed separately.

Travel expenses will also be considered incidental to the Offeror's hourly rates and will not be billed nor reimbursed separately. Travel expenses are all costs associated with traveling for the purpose of conducting business-related activities as required by this RFP/Agreement, including but not limited to, allowances for mileage, tolls, parking, overnight lodging, meals/subsistence and incidental related travel expenses.

All cost data for the proposal shall be submitted in a separate file and kept separate from the technical proposal. Failure to meet this requirement will result in automatic disqualification of the proposal.

The Issuing Office will reimburse the selected Offeror for work satisfactorily performed after execution of a written contract and the start of the contract term, in accordance with contract requirements, and only after the Issuing Office has issued a notice to proceed.

PART V

SMALL DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PARTICIPATION INFORMATION

Due to the nature and scope of work for this procurement, there are no Small Business (SB), Small Diverse Business (SDB), or Veteran Business Enterprise (VBE) participation requirements for this contract. However, the Commonwealth is requesting that the selected Professional aggressively seek to identify and use DGS-self-certified SBs and DGS-verified SDBs and VBEs when possible.

These efforts to identify and use SBs, SDBs and VBEs may include: reviewing solicitation lists of SB, SDB, and VBE firms that are ready, willing, and able to provide required services; soliciting SB, SDB, and VBE firms as potential sources of services; dividing requirements into economically feasible tasks or quantities; establishing delivery schedules (where the requirement permits) to encourage participation by SB, SDB, and VBE firms; and using services and assistance of such organizations as the Department of General Services' Bureau of Diversity, Inclusion and Small Business Opportunities (BDISBO).

To assist the Professional in identifying SBs, SDBs, and VBEs to provide services, BDISBO will provide upon request to the Professional, a list of potential subcontractors organized by scope of work line items. Should the Professional require additional names of potential subcontractors for additional work items, they may contact BDISBO at 717-783-3119 or for assistance.

If the Professional utilizes SDBs or VBEs for any portion of the contract work, the Professional shall submit Monthly Utilization Reports in BDISBO's payment portal. These reports shall be used to monitor the Professional's payments to SBs, SDBs, and VBEs, and demonstrate the Professional's commitment to the equitable use of SBs, SDBs, and VBEs. The Professional agrees to submit any outstanding Monthly Utilization Reports in as final a form as possible.

Information related to BDISBO and for submitting Monthly Utilization Reports in BDISBO's payment portal can also be found at these links:

PART VI

SAMPLE CONTRACT TEMPLATE FOR MAPPING SERVICES

[DISCLAIMER - this sample contract template is not binding upon the parties and is only provided as a point of reference for prospective contractors. The Commonwealth may make changes thereto and negotiate same with prospective contractors at any time prior to contract execution.]

CONTRACT FOR MAPPING SERVICES

This contract for mapping services is between the Commonwealth of Pennsylvania (Commonwealth), acting through the Department of Environmental Protection (Department) and _________________ (Contractor).

The Department is the executive Commonwealth agency authorized to, among other things, conduct, or hire contractors to conduct mapping services and all applicable investigation to document currently undocumented abandoned mine lands in the Commonwealth pursuant to the Surface Mining Conservation and Reclamation Act, 52 P.S. 1396.l et seq. The Department issued a request for proposals for mapping services, including aerial photography, surveying, map reproductions, and other related technical services required for the development of projects involving reclamation of abandoned mine lands, abatement of air and water pollution, prevention of surface subsidence, and flood protection projects in the Commonwealth of Pennsylvania.

Contractor submitted a proposal under the request for proposals, and Contractor is one of the selected offerors.

The parties, intending to be legally bound, agree as follows:

CONTRACTOR RIGHTS AND DUTIES.

Performance. Contractor shall perform mapping services on an as-needed basis and to the extent the Departments assigns to it any specific projects in accordance with the Scope of Work and Cost Schedule included in this agreement at Attachment A. Contractor is not guaranteed to be assigned any minimum or specific amount of projects under this contract.

Assigned Projects. Contractor shall perform work under this contract only upon receipt of a project assigned to it by the Department. Contractor shall perform all required tasks for each assigned project and in accordance with this contract. For each project assigned, Contractor shall attend meetings scheduled by the Department to discuss and clarify the project's specific requirements.

Notice to Proceed. Contractor may not initiate work described in a project until the Department issues a notice to proceed.

Project Completion. Contractor shall complete work within required timeframes as specified for each assigned project.

1.5 Environmental Compliance. In the performance of any assigned projects under this contract, Contractor shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations, including but not limited to those identified in the Engineer, Land Surveyor and Geologist Registration Law, 63 P.S. 148 et seq.

1.6 Attachments. Contractor shall comply with the terms, conditions, and requirements set forth in the following attachments to this contract:

(a) Attachment A Scope of Work and Cost Schedule

(b) Attachment B Commonwealth Terms and Conditions

(c) Attachment C Department of Environmental Protection Federal Requirements

1.7 Reports. Contractor shall submit to the Department all sealed and certified technical reports required by a particular work requisition within the time period required by the Department.

1.8 Release and Maintenance of Records. Except where required under applicable law, Contractor shall not divulge or release any information, reports, or recommendations developed or obtained in connection with the performance of work requisitions required under this contract, except to the Department or upon written approval of the Department. Contractor shall maintain documents and records developed under this contract, including books, documents, and records related to costs or pricing data for this contract, for a period of three years from the date of final payment of the last work requisition assigned under this contract.

1.9 Assignment of Antitrust Claims. If overcharges by the Contractor's suppliers resulting from violations of state or federal antitrust laws are incurred by the Department, Contractor shall assign to the Department all right, title, and interest in and to any claims the Contractor now has or may acquire under state or federal antitrust laws relating to the products and services which are the subject of this contract.

1.10 Access to Records. For purposes of audits, Contractor shall give full and free access to all records relating to this contract to the Department upon request.

1.11 Invoices. Contractor shall electronically submit work requisition-specific invoices on a monthly basis to the Department and shall submit a final invoice upon completion of each work requisition. Contractor shall submit a final invoice within 60 days from the date of the written notification from the Department indicating that a work requisition is complete. Contractor shall submit all invoices to the Department's designated recipient identified in subsection 3.10 of this contract.

1.12 Subcontractors. Contractor shall not subcontract, assign, or transfer any rights or duties under this contract without previous written consent of the Department.

1.13 Insurance. Prior to commencing any work requisition assigned under this contract, Contractor shall submit all required proof of insurances required by this section to the Department. Contractor shall either require its subcontractors to procure and maintain their own insurance in the types and amounts specified below, or ensure the activity of its subcontractors on its own policies.

Form. Required insurance must be in the form of a certificate of insurance, of the contractual liability type and, except for workers' compensation and professional liability insurance, must also name the Commonwealth as an additional insured. The insurance must not contain any endorsements, or any other form designed to limit and restrict any action by the Commonwealth as an additional insured against the insurance coverage. If the Contractor fails to comply with the requirements of this section, the Contractor shall cease, and shall require its subcontractors to cease, all work assigned under this contract until Contractor has attained compliance.

Required Insurances. Contractor shall purchase and maintain the following types of insurance for all work performed during the term of this contract:

Workers' Compensation. Contractor shall maintain workers' compensation insurance for all of its employees engaged in a project addressed in a work requisition and shall require its subcontractors to similarly provide workers' compensation insurance to its employees if not already covered by the protection afforded by the Contractor. Contractor shall maintain, and shall require its subcontractors to maintain, compliance with the provision of the Workers' Compensation Act, as amended, 77 P.S. 1 et seq., in all respects.

Public Liability, Bodily Injury, and Property Damage. Contractor shall maintain, such public liability bodily injury and property damage insurance to protect the Commonwealth, the political subdivision where work is performed, Contractor and subcontractor(s), if any, performing work from claims for damages or personal injury, including accidental death, as well as from claims for property damage which may arise in execution of work requisitions performed under this contract, whether by Contractor, its subcontractor(s), or by anyone directly or indirectly employed by either. The amount of public liability bodily injury insurance must not be less than $1,000,000 per occurrence. The amount of property damage insurance must not be less than $500,000 per occurrence. If the policy is issued for bodily injury and property damage combined, the amount must not be less than $1,500,000.00 per occurrence. Coverages required under this subsection must include underground, explosion and collapse hazards.

Automobile Bodily Injury and Property Damage. Contractor shall maintain automobile bodily injury and property damage insurance to protect the Commonwealth, the political subdivision in which the work is performed, Contractor and subcontractor(s), if any, performing work from claims for damages or personal injury, including accidental death, as well as from claims for property damage which may arise in execution of the contract by the Contractor, the subcontractor(s), or by anyone directly or indirectly employed by either. The amount of the automobile bodily injury insurance must be not less than $500,000 per person and $1,000,000 per occurrence. The amount of automobile property damage insurance must not be less than $500,000 per occurrence. If the policy is issued for bodily injury and property damage combined, the amount must not be less than $1,500,000 per occurrence. Automobile bodily injury and property damage insurance coverage must include non-owned and leased vehicles. Contractor shall provide evidence of such coverage even if it does not own any vehicles to be employed on a work requisition.

Excess Insurance. Contractor may purchase and maintain for the contract term such excess or umbrella policy insurance to cover any additional amounts needed to meet this contract's insurance requirements.

Special Hazards. Contractor shall ensure that its insurance coverage covers special hazards such as blasting and fire on insurable items by separate insurance or by riders to other required policies.

Professional Liability. Contractor shall maintain professional liability insurance in the amount of $1,000,000 per claim and $1,000,000 per aggregate.

DEPARTMENT RIGHTS AND DUTIES

Availability. The Department shall cooperate with the Contractor during its performance of any work requisitions assigned under this contract. The Department shall make itself available for consultation with the Contractor at such reasonable periods that will not create an undue burden, as determined by the Department.

Written Authorization. The Department shall assign work requisitions and issue corresponding notices to proceed in writing, specifying the date when Contractor may commence its work. The Department shall not be obligated to pay the Contractor for work performed outside the scope of these written orders.

Re-assignment of Project. The Department may refrain from issuing a notice to proceed to a contractor to whom a project is initially assigned, and may subsequently assign the project to another contractor.

Ownership Rights. All submitted aerial photography, digital images, notes, designs, drawings, specifications, and other technical data produced in the performance of this contract is property of the Department, and the Department may reproduce, distribute, and use them at its sole discretion. The term "data" as used in this section, includes field logs, drawings or other graphic, electronic, chemical or mechanical representations, geologic core samples, and work of any similar nature that is developed by Contractor under this contract.

Audits. The Department may, at a site designated by the Department, audit the books, documents, or records of the Contractor to the extent that any relate to costs or pricing data for this contract.

Suspension. When Contractor fails to comply with the terms of this contract, the Department may, upon written notice to the Contractor, suspend payments due under this contract until Contractor takes corrective action to the satisfaction of the Department, or until the contract expires.

Payment. The Department shall pay the Contractor for all services that are satisfactorily performed, reasonably incurred, and properly invoiced according to the requirements of this contract, any approved work plans, and any work requisitions assigned under this contract, as determined by the Department.

Invoice Approval. The Department shall make best efforts to approve for payment each invoice compliant with the contract requirements within 45 days of receipt of the invoice. Once invoice approval is rendered, the Department shall forward the invoice to the Comptroller's Office for further processing and payment. During the 45-day review period, the Department shall attempt to resolve any disputed items with Contractor. The Department shall not approve any invoiced items that remain unresolved at the end of the 45-day review period and shall submit the remaining items to the Comptroller's Office for further processing.

3. GENERAL PROVISIONS

3.1 Compensation. The Department shall reimburse Contractor for all work assigned under this contract, satisfactorily performed, as determined by the Department, up to $______________.

3.2 Term. This contract commences on the date of the last required Commonwealth signature and expires five years from that date.

3.3 Termination.

Convenience. The Department may terminate this contract, in whole or in part, for its convenience by giving Contractor ten days' prior written notice. The Department shall affect any such termination by delivering a notice of termination to Contractor specifying the extent to which performance under this contract is terminated and the date on which termination becomes effective. The Department shall pay Contractor for the portion of work satisfactorily performed by Contractor, as determined by the Department, up until the termination date. If the Department terminates the contract for convenience, Contractor shall perform any outstanding work requisitions satisfactorily up until the termination date. If the Department terminates for convenience, Contractor shall not be entitled to any loss of anticipated profit (by Contractor or any subcontractor), loss of use of money, or administrative or overhead costs.

Non-Appropriation. The Department's obligation to make payments during any Commonwealth fiscal year succeeding the current fiscal year is subject to availability and appropriation of funds. When funds, either state or federal, are not appropriated or otherwise made available to support continuation of the Department's performance in a subsequent fiscal year period, the Department may suspend payments due under this contract. In this scenario, the Department shall reimburse Contractor for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under this contract. Such reimbursement will not include loss of profit, loss of use of money, or administrative or overhead costs. The Department may pay the reimbursement amount from any appropriations available for that purpose.

Cause. The Department may, in addition to its other rights under this contract, terminate this contract in whole or in part for cause if the Contractor fails to perform its obligations under the contract within the time specified, unsatisfactorily performs its obligations under the contract, or for other cause specified by law or regulation.

If the Department terminates this contract for cause, the Department may assign or procure, upon terms and in a manner as it determines, services similar or identical to those terminated. The Contractor, in addition to liability for any liquidated damages, shall be liable to the Department for the reasonable excess costs for such similar or identical services included within the terminated part of the contract.

Nothing in this subsection (c) limits the Department's right to suspend, debar or take other administrative action against the Contractor.

If it is later determined that the Department erred in terminating the contract for cause, then the contract will be deemed to have been terminated for convenience under subsection (a).

Materials. Upon termination of this contract, the Department may require the Contractor to deliver to the Department in the manner and to the extent directed by the Department, such, data, developed works, documentation and other materials as the Contractor has produced or acquired for the performance of the contract.

No Limitation of Rights and Remedies. The rights and remedies of the Department provided in this section are not exclusive and are in addition to any other rights and remedies provided by law or under this contract.

Contractor Remedies. Following exhaustion of Contractor's administrative remedies, Contractor's exclusive remedy is to seek damages in the Board of Claims.

Order of Precedence. All work requisitions and corresponding work plans are subject to the terms and conditions of this contract. If there is a conflict between the requirements of the contract and requirements of either the work requisition or work plan, the requirements of this contract will prevail.

3.5 Force Majeure. Neither party will be liable for failure to perform under this contract if the failure to perform arises out of causes beyond the control and without the fault of the nonperforming party. Causes may include, but are not limited to, acts of God or the public enemy, war, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes. Contractor shall notify the Department orally within five days and in writing within ten days of the date on which the Contractor becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Such notification must (i) describe fully such causes and the effect on its performance, (ii) state whether performance under the contract is prevented or delayed and (iii) if performance is delayed, state a reasonable estimate of the duration of the delay. Contractor has the burden of proving that such causes delayed or prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the Department may reasonably request. After receipt of such notification, the Department may elect either to terminate this contract or extend the time for performance for any outstanding work requisition as reasonably necessary to accommodate the Contractor's delay. In the event of a declared emergency by competent governmental authorities, the Department by notice to Contractor, may suspend all or some requirements of outstanding work requisitions assigned under this contract.

3.6 Independent Contractor. The parties are independent contractors, and this contract does not create an agency, partnership, or joint venture.

3.7 Severability. The provisions of this contract are severable. If any provision of this contract is held to be unenforceable by an authority with proper jurisdiction in the matter, that provision is severed, and the remainder of this contract will remain binding upon the parties.

3.8 Waiver. No delay or failure on the part of the Department in exercising any right, power, or privilege under this contract affects the right, power, or privilege. No single or partial exercise by the Department of the right, power, or privilege or any abandonment, waiver, or discontinuance of steps to enforce a right, power, or privilege precludes any other or further exercise of any other right, power, or privilege. The rights and remedies of the Department under this contract are cumulative, concurrent, and not exclusive of any rights or remedies that it might otherwise have. The Department may, at any time, enforce the provisions of this contract in accordance with its terms, notwithstanding any conduct or custom on the part of the Department in refraining from so doing at any previous time. The failure of the Department at any time to enforce its rights under any provision(s), in accordance with the same, may not be construed as having created a custom in any way or manner contrary to specific provisions of this contract or as having in any way or manner modified or waived the same.

3.9 Amendments and Modifications. Except as provided in subsection 3.2, no amendment or modification of this contract is valid unless made in writing and signed by the parties with the same formality as this contract.

3.10 Notices. All notices, demands, requests, and approvals arising out of, or from, this contract must be in writing and provided through email or the United States mail, registered, with registration and postal charges prepaid, to the address of the party stated below or to the changed address as the party may have fixed by notice:

To Contractor: ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

To DEP: Commonwealth of Pennsylvania

Department of Environmental Protection

Attn: ______________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

3.11 Integration. This contract, including all referenced documents, when fully executed, constitutes the final, complete, and exclusive contract between the parties containing all the terms and conditions agreed on by the parties. All representations, understandings, promises, and agreements pertaining to the subject matter of this contract made prior to or at the time this contract is executed are superseded by this contract unless specifically accepted by any other term or provision of this contract. There are no conditions precedent to the performance of this contract except as expressly set forth in this contract.

3.12 Counterparts. The parties may execute this contract in counterparts, each of which is deemed an original and has the full force and effect as an original but all of which constitute one and the same instrument.

3.13 Electronic Signatures. The parties may sign this contract electronically in accordance with the Pennsylvania Electronic Transactions Act, Act 69 of 1999, 73 P.S. 2260.301 et seq.

[SIGNATURE PAGE TO FOLLOW.]

The parties, through their authorized representatives, have executed this contract below.

[CONTRACTOR]

__________________________________

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

____________________________________

Deputy Secretary

APPROVED FOR FORM AND LEGALITY:

__________________________________

Office of Chief Counsel

__________________________________

Office of General Counsel

__________________________________

Office of Attorney General

I approve this contract and certify that funds in the amount of $____________________ are available under Funds Commitment Number(s):

________________________________________________________

________________________________________________________

___________________________________

Comptroller

ATTACHMENT A

SCOPE OF WORK AND COST SCHEDULE

SCOPE OF WORK

Character and Extent of Services

Contractor shall furnish all work and services required by projects assigned to it in writing by the Department. Contractor shall complete all assigned projects during the timeframes required by the Department.

Contractor shall perform all engineering, surveying, aerial photography mapping, and any other technical work necessary for the satisfactory completion of projects assigned to it by the Department in accordance with the following requirements:

A. GENERAL

Contractor shall make its own determinations as to the probable weather conditions, character of the terrain, locations and elevations of available benchmarks and triangulation stations, the extent to which aerial mapping methods must be used to augment ground topographic survey data, and all data which might affect the project work. Contractor shall report the order of accuracy and origin of stations used to establish both horizontal and vertical control in writing to the Department prior to the initiation of establishing control network in the field. Contractor shall prove all points of origin for control with third order accuracy or better.

Contractor shall obtain permission from landowners as necessary to complete groundwork (e.g. baseline surveying or check sectioning) required to satisfactorily complete the assigned projects. Contractor may request landowner information from the Department. If Contractor is denied permission from a landowner to complete services or work required under an assigned project, Contractor shall notify the Department immediately, by telephone, followed by a written communication with details concerning the denial. Contractor may request the Department to investigate the problem and to advise Contractor on how or when to proceed.

Unless otherwise required by this contract, Contractor shall perform all assigned projects in accordance with applicable guidance issued by the U.S. Department of Transportation.

B. PHOTOGRAPHY

B-1. Aerial Photography. Contractor shall conduct aerial photography to provide topographic maps at the altitude and scale specified for each assigned project. Scale must not exceed 1" = 600' and Contractor shall perform aerial photography at such times to minimize clouds, leaf coverage, cloud shadows, and shadows in the highwall areas, so that the mapping accuracy, as specified in section D-1 of this Attachment A is satisfied. Contractor shall pay any additional costs required to supplement mapping accuracy due to dense vegetation or shadows.

Contractor shall ensure that digital aerial photography does not exceed ten centimeters in ground sample distance, and shall conduct its digital aerial photography at such times to minimize clouds, leaf coverage, cloud shadows, and shadows in the highwall areas, so that the mapping accuracy, as specified in section D-1 below, is satisfied. Contractor shall use a camera of a large format frame type. Contractor shall ensure that all photographic strips are unbroken flights and all flight lines are within five degrees of parallel.

Unless otherwise approved by the Department, Contractor shall ensure that overlap in the line of flight sufficient to provide full stereoscopic coverage and side lap between adjacent parallel strips is not less than 30 percent or more than 40 percent, as any images not within those limits will be rejected. Contractor shall not conduct crabbing in excess of five degrees, as measured from the line of flight. Contractor shall keep tilt to a minimum, and in no case may Contractor allow tilt to exceed five degrees. Titling is not required for digital imagery, but Contractor shall include a meta-file with flight date, altitude project name, number, and other information pertinent to the assigned project. Contractor shall ensure that all required digital imagery is in the form of JPEG-compressed TIFF files.

Contractor shall name images with three digits for the flight line, and a dash and three digits for the exposure number (e.g. 001-001.tif). Contractor shall electronically deliver images to the Department. Contractor shall provide the Department with color or thermal infrared aerial photography.

B-2. Equipment. Contractor shall only use standard products of manufacturers that are adequate for the intended purposes required under the applicable assigned project.

Pursuant to the American Security Drone Act, Contractor may not use, operate, or purchase any uncrewed aerial systems (UAS) that are included on the United States' covered foreign entities list due to national security risks. This prohibition applies to both new purchases and continued use of existing UAS acquired with federal funds and includes, but is not limited to, certain widely used commercial brands, such as DJI and Autel. Contractor shall review its current UAS inventory and any planned purchases to ensure that no covered systems are used or procured in connection with federally funded activities, including those required under this contract.

B-3. Indexing. Contractor shall provide a photo index for each flight line. Contractor shall provide the flight line index on a United States Geological Survey topographic map and a corresponding KMZ file. Each flight line index must show the nadir points and aerial coverage for each photograph with the beginning and ending photograph number for each flight line. The flight line index must be numbered in accordance with section B-1 above. If required by a particular project, Contractor shall provide a photo-mosaic in JPEG compressed TIFF format showing the layout of the numbered images.

B-4. Photographs. Contractor shall furnish digital images for each assigned project.

B-5. Color Oblique Photographs. Contractor shall provide color oblique digital images with the date printed in the margins, for specific sites as required for each assigned project. Contractor shall electronically deliver images for each assigned project. Contractor shall make exposures from a fixed camera or comparable UAS equivalent method and make them at such times as to exclude clouds and cloud shadows. Contractor shall make exposures at varying distances while approaching the site from multiple compass directions and must be of sufficient quantity to completely blanket the site. Contractor shall make a minimum of 40 exposures for each site included as part of an assigned project. Contractor shall provide flight data for oblique photography referencing photo location and orientation, if available.

C. SURVEYING

C-1. Field Surveying. Contractor shall conduct a topographic survey, and other survey work as may be specified in an assigned project. Contractor shall utilize all ground controls that are existing, recoverable, and established by Contractor under prior Department projects to the fullest practicable extent in the performance of this contract. Contractor shall establish basic horizontal control using a global navigation satellite system, global position system, or traverse or triangulation of second or higher order of accuracy within the area specified for topographic mapping. Contractor shall assign coordinate values based on the Pennsylvania State Rectangular System referenced to North American Datum 1983 Horizontal Datum (US feet) to all global navigation satellite system, global position system, or traverse or triangulation stations. Contractor shall reckon all azimuths from grid north. Contractor shall permanently mark global navigation satellite system, global position system, or traverse or triangulation stations at intervals of approximately one mile by permanent markers, the perimeter markers being within one-fourth mile of the boundary of the area being mapped. Contractor shall furnish suitable metal markers of five-eighth's inch steel reinforcing bars 36 inches long with an aluminum cap for identification. Identification on markers must be "PA Dept. of Environmental Protection" and "BAMR Control Point" with one-quarter inch letters "DEP" followed by the numerical number of the station. Contractor shall carefully reference all markers. In absence of suitable permanent references, Contractor shall properly identify at least two of the same type markers used for reference. Contractor shall set markers to full depth except in cultivated areas where they must be 18 inches below ground surface.

Contractor shall establish the basic vertical control using global navigation satellite system, global position system, or extend the basic vertical control from points of third or higher order accuracy. The basic vertical control must be of third order or higher accuracy and must refer to the mean sea level datum of 1988. Contractor shall establish a minimum of six control points in the fringe area of the mapping that must be of the material specified above for permanent markers. These control points must be two baseline end points, two baseline control points, and two GPS control points. Contractor shall place one baseline control point in direct line or at an angle from each baseline end point. Each baseline control point must be placed at the maximum possible clear site distance away from the baseline end point, which is at a minimum of 150 feet minimum. Contractor shall locate the global position system control points in an area that is clear from overhead obstructions and readily accessible by a conventional two-wheel drive vehicle. Contractor shall determine elevations from basic control level lines for all permanently marked traverse or triangulation stations. Contractor shall determine and locate a minimum of four spot elevations per stereoscopic model, including any traverse or triangulation stations, within each area of the required mapping. Contractor shall ensure proper correlation between ground survey data and aerial survey data. Contractor shall ensure that all benchmarks are tied by three reference points with corresponding elevations and coordinates.

C-2. Construction Baselines. Contractor shall field survey the baselines, as shown on the corresponding aerial photographs, and tie these into the photogrammetric field control applicable to an assigned project.

C-3. Survey Test Profiles. Contractor shall field inspect and test the topographic contour maps for accuracy as required by an assigned project. Unless otherwise directed for an assigned project, Contractor may make accuracy tests by the test profile method, which is accomplished by measuring a profile on the ground along a traverse staked anywhere within the mapped area and comparing the test profile elevations so obtained with the profile elevations determined from the map. Contractor shall complete test profiles after completing its mapping activities. The number of profiles required will be dependent on the size of the assigned project. Contractor shall provide specific lengths and locations of the test profiles for each assigned project. Contractor shall measure profile levels from the corresponding map for an assigned project. Contractor shall accurately plot the traverse on the map and develop a map profile measured in accordance with the traverse for comparison with the ground measured profile. Contractor shall survey cultural features from the traverse and measure their features for comparison to their map coordinate positions.

Contractor shall ensure that the traverse for the test profiles begins and closes on station markers of horizontal and vertical control for each assigned project. Lengths of the single traverse and profile must not be less than five inches long at map scale and have no less than ten contour crossings. Contractor shall ensure that the actual length of the traverse meets the requirements of the assigned project. Contractor shall ensure that the closure of the traverse and test profile levels along it are third order accuracy or better. Contractor shall establish all stations on the test profile as part of the level line and not offset as rod shots.

Contractor shall ensure that points of elevation on the map accuracy profile are at all ground breaks and not further than every 25 feet. Contractor shall change the height of the instrument and move the instrument after each backsight and foresight in order to ensure that all points are integral parts of the level line.

In the event a comparison of the test profile measured on the ground and the profile measured from the map indicates the map does not meet the accuracy specified, Contractor shall revise the rejected map to the specified accuracy at its own expense within 15 days after the Department's notification of rejection. Whenever inaccuracies occur on a map sheet, Contractor shall make adjustments, corrections, and additions to ensure that the entire area of the sheet, as well as the locally tested profiles, spots, or areas will comply with the specified accuracies. Local adjustment of contours and other map detail to correct horizontal position, as determined by ground survey tests, will not constitute essential adjustment or correction.

Contractor shall forward results of test profiles represented by plots of elevation versus distance for both the test profile and the profile measured from the map to the Department within 45 days of the Department's request for test profile results.

C-4. Additional Field Surveying, Photography and Mapping Services.

a. Where required by the Department in an assigned project for purposes other than accurately establishing contours, profiles, and elevations, Contractor shall provide additional field surveying and mapping services including but not limited to: property surveys, thermal infrared surveys, pond soundings, stream cross-sections, and stream profiles.

b. Where required by the Department in an assigned project, Contractor shall provide UAS photography and mapping services with system payloads that can include light detection and ranging data (LiDAR) collection, thermal infrared and radiometric thermal infrared, as well as the standard red, green, and blue bands, not included under other sections of this Agreement when requested by the Department.

D. MAPPING AND COMPILATION

D-1. Mapping And Compilation. Contractor shall compile topographic maps of varying scales as specified by the Department from data obtained by ground survey and supplemented by conventional or UAS aerial survey data, using precision stereophotogrammetric or point cloud methods for plotting the aerial work of the areas specified. Prior to conducting any UAS flight, Contractor shall ensure its compliance with the requirements of Federal Aviation Administration regulations found at 14 C.F.R. Part 107 Rules and 18 Pa. C.S. 3505.

Contractor shall compile UAS aerial survey data in accordance with American Society for Photogrammetry and Remote Sensing positional accuracy standards for digital geospatial data (2024 or current) for an eight-inch positional horizontal accuracy class that equates to positional horizontal accuracy equal to +/- one and one-third feet at a 95% confidence level, and a six-inch RMSEz vertical accuracy class equating to vertical accuracy equal to +/- one foot at a 95% confidence level. Contractor shall plot the stream bed elevations, all pipe and culvert inverts, and such other survey data obtained by ground survey methods on the topographic maps. The contour interval for the plotting must be two-foot unless otherwise required in an assigned project. The finished maps must be on material specified below. Contractor shall identify all roads by name, township, state, or United States route numbers where they exist. Contractor shall show drainage lines wherever defined by actual flow of water, and shall identify streams by flow arrows and name when known. Contractor shall accurately delineate bodies of water, buildings, structures, and wooded areas by outlining boundaries. Contractor shall show all contours by solid lines unless otherwise required for an assigned project. Contractor shall label each index contour line with the contour elevation without breaking the contour polyline and shall frequently space the elevation labels for convenient reading. Contractor shall denote and outline areas of heavy foliage. Contractor shall ensure that each map contains the following requirements unless otherwise required by the Department for an assigned project:

a. North arrow placed in upper right-hand corner;

b. Grid lines spaced at 500-foot intervals in accordance with the Pennsylvania State Rectangular System (North American Datum 1983 Horizontal Datum (US feet));

c. Reference sketches of construction baseline data control points;

d. Benchmark data table with the corresponding coordinate information;

e. Plan scale bar;

f. Topography notes including company name, aerial photography date, coordinate system, and elevations datum;

g. Cultural features including but not limited to, equipment, pipes, culverts (with inlet and outlet elevations), utility poles, fence lines, gas wells, power and transmission lines, sidewalks, and structures. Buildings must be shown to scale;

h. Include tax parcel boundaries obtained from official county tax maps or geographic information system datasets;

i. Conventional symbols must be used;

j. Title box must extend across the bottom length of the drawing, oriented, and titled in accordance with the requirements of the assigned project. Each map must be numbered and must bear match lines with the matching sheets shown on the map. All final drawings must be half-tone unless otherwise advised. An index of all sheets must appear on the first sheet. An index sheet prepared to an appropriate scale must show the outline of the survey area, highways, and streams;

k. Drawing standards established by the Department's Bureau of Abandoned Mine Reclamation as provided by the Department during the term of this contract; and

l. Contractor shall submit a digital copy (in PDF format) of the final mapping to the Department sealed by the appropriate registered professional on behalf of Contractor.

D-2. Use of Pennsylvania Mapping and Geographic Information Program (PAMAP) LiDAR. In areas where the topography to be mapped is obscured by dense vegetation or ground cover limiting the precision of stereophotogrammetric methods of mapping, and unless otherwise required by an assigned project, Contractor shall utilize PAMAP LiDAR to aid in developing contours and elevations in these areas. Contractor shall notify the Department in writing where use of PAMAP LiDAR is necessary to satisfy the requirements of this contract. Such notification must be made within 14 calendar days from the date of the Department's authorization to commence an assigned project. If it is necessary to use or substitute PAMAP LiDAR derived contours to perform an assigned project, Contractor shall delineate these areas and note the substitution in the mapping. Contractor shall ensure proper tie-ins where LiDAR derived contours meet the topography compiled by Contractor. Contractor shall check the LiDAR for accuracy. If the Department rejects any LiDAR areas that it has deemed inaccurate, Contractor shall provide revised accurate data to the Department.

D-3. Map Reproduction. If required by the Department for an assigned project, Contractor shall provide reproduction, reduction, or enlarging of maps.

D-4. Aerial Mosaics. If required by the Department for an assigned project, Contractor shall furnish aerial mosaics of the areas required for topographic mapping as specified in section D-1. Mosaics must be of the screen half-tone transparency type, sharp and clear in detail, and must be to a scale as specified by the Department. Aerial mosaics must be georeferenced and ortho-rectified in print and digital format. Contractor shall review each ortho-rectified mosaic for accuracy. Each sheet of the ortho-rectified mosaic must have a title appropriately placed and must be identified with the same number of the corresponding maps.

D-5. Digitized Mapping Data. Unless otherwise directed by the Department for an assigned project, Contractor shall electronically furnish digital mapping data for each project site for use with AutoCAD Map 3D 2023 or latest version. Data must be contained in an AutoCAD drawing file (i.e. DWG). Contour lines of the data must be continuous joined two-dimensional polylines with multiple vertices and must not contain arcs. Drawings of data must not be rotated off the original coordinate system.

D-6. Field Survey Control Report. Contractor shall ensure that mapping and compilation materials for each project site include a field survey control report. Contractor shall furnish an electronic copy of the field survey control report in PDF format unless otherwise required for an assigned project. The field survey control report submittal must include at a minimum:

a. A quad map showing the area mapped outlined;

b. Horizontal and vertical control summary;

c. A summary of monuments set;

d. A summary of monuments used;

e. GPS occupation logs; and

f. Original field books attached to control report.

E. PREVIOUSLY FLOWN PROJECTS

E-1. Previously Flown Projects. If required by the Department for an assigned project, Contractor shall survey and map project sites previously flown and photographed by other professionals, including but not limited to those employed by the Pennsylvania Department of Transportation.

E-2. Mapping Developed from Previously Flown Projects. For assigned projects where the Department requires mapping to be developed from aerial photography, which was performed or furnished by other professionals including but not limited to the those employed the Pennsylvania Department of Transportation, Contractor shall notify the Department in writing if such aerial photography is of such insufficient quality to satisfy the accuracy and all other requirements of this contract and the corresponding assigned project. Contractor shall make such notification within 14 calendar days from the date of authorization.

Location of Work

Contractor shall perform services in various locations throughout Pennsylvania as specified in assigned projects, with the majority of project sites located in the bituminous coal fields of western Pennsylvania or the anthracite coal fields of northeastern Pennsylvania.

Period of Services

For any project assigned to it, Contractor shall commence work following the date of the Department's formal notice to proceed.

Furnished Equipment

A. Contractor shall furnish stereo and drafting equipment, transportation, survey instruments, and all other equipment necessary to successfully perform the assigned projects.

B. Contractor shall furnish all materials needed to perform the assigned projects.

COST SCHEDULES

Contractor shall invoice all costs that it incurs under this contract according to the following cost schedule. Contractor may apply an annual three percent increase to all billing rates identified below in each successive year of this contract's term.

Schedule of Labor Rates for Aerial Photography

This fee schedule will be used for all projects.

All rates should include the Contractor's overhead costs and travel expenses. (NOTE: L.S. = LUMP SUM)

* Includes travel, subsistence and lodging.

** Includes flying, paneling and all other costs to furnish digital images.

*** Includes flying and all costs to furnish digital images.

**** Includes labor, equipment and materials costs.

Overhead costs, which generally consist of, but are not limited to, copies, mailing costs, and telephone costs, will be considered incidental to the Contractor's hourly rates and will not be billed nor reimbursed separately.

Travel expenses, which generally consist of, but are not limited to, allowances for mileage, tolls, parking, overnight lodging, meals/subsistence, etc. will also be considered incidental to the Contractor's hourly rates and will not be billed nor reimbursed separately.

Schedule B - Maximum Fees for Mapping

This fee schedule will be used for all projects. (NOTE: L.S. = LUMP SUM)

MAXIMUM FEES FOR SURVEY TEST PROFILES

NOTES:

1. The above maximum unit costs include all costs (including cost of mobilization, construction baseline(s) and GPS points to provide final mapping.

2. All costs for photographic products and services are not included.

ATTACHMENT B

COMMONWEALTH STANDARD TERMS AND CONDITIONS

DEFINITIONS.

Capitalized terms used in these Commonwealth standard terms and conditions that are not otherwise defined in these provisions have the meanings specified in the contract to which it is attached.

ENHANCED MINIMUM WAGE.

Enhanced Minimum Wage. Contractor shall pay no less than $15.00 per hour to its employees for all hours worked directly performing the services called for in this contract/lease, and for an employee's hours performing ancillary services necessary for the performance of the services or lease when the employee spends at least 20% of their time performing ancillary services in a given work week.

Adjustment. Beginning July 1, 2023, and annually thereafter, the minimum wage rate will be increased by an annual cost-of-living adjustment using the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland. The Commonwealth will publish applicable adjusted amount in the Pennsylvania Bulletin by March 1 of each year to be effective the following July 1.

Exceptions. These Enhanced Minimum Wage Provisions do not apply to employees

Exempt from minimum wage under the Minimum Wage Act of 1968;

covered by a collective bargaining agreement;

required to be paid a higher wage under another state or federal law governing the services, including the Prevailing Wage Act and Davis-Bacon Act; or

required to be paid a higher wage under any state or local policy or ordinance.

Notice. The Contractor shall: (1) post this Enhanced Minimum Wage Provision for the entire period of the contract conspicuously in easily-accessible and well-lighted places customarily frequented by employees at or near where the contracted services are performed; or (2) for the entire period of the contract, provide electronic notice of this clause to its employees not less than annually.

Records. Contractor shall maintain and, upon request and within the time periods requested by the Commonwealth, provide to the Commonwealth all employment and wage records necessary to document compliance with these Enhanced Minimum Wage Provisions.

Sanctions. Contractor's failure to comply with these Enhanced Minimum Wage Provisions may result in the imposition of sanctions, which may include, but are not limited to, termination of the contract or lease, nonpayment, debarment, or referral to the Office of General Counsel for appropriate civil or criminal referral.

Subcontractors. The Contractor shall include these Enhanced Minimum Wage Provisions in its subcontracts under this contact or lease to ensure that these provisions are binding on its subcontractors.

INDEMNIFICATION.

Contractor Obligations. The Contractor shall indemnify the Commonwealth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including without limitation, litigation expenses, attorneys' fees, and liabilities, arising out of or in connection with any activities performed by the Contractor or its employees and agents that are related to this contract, as determined by the Commonwealth in its sole discretion.

Commonwealth Attorneys Act. The Commonwealth shall provide the Contractor with prompt notice of any claim or suit of which it learns. Pursuant to the Commonwealth Attorneys Act (71 P.S. 732-101, et seq.), the Office of Attorney General (OAG) has the sole authority to represent the Commonwealth in actions brought against the Commonwealth. The OAG may, however, in its sole discretion and under any terms as it deems appropriate, delegate its right of defense. If OAG delegates the defense to the Contractor, the Commonwealth shall cooperate with all reasonable requests of Contractor made in the defense of such suits.

Settlement. Notwithstanding the above, neither party may enter into a settlement of any claim or suit without the other party's written consent, which shall not be unreasonably withheld. The Commonwealth may, in its sole discretion, allow the Contractor to control the defense and any related settlement negotiations.

NONDISCRIMINATION/SEXUAL HARASSMENT.

Representations. The Contractor represents that it is presently in compliance with and it shall remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the contract. The Contractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

Nondiscrimination/Sexual Harassment Obligations. The Contractor shall not:

in any manner discriminate in the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under this contract or any subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act ("PHRA") and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under this contract.

in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this contract.

in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subcontractor or supplier who is qualified to perform the work to which this contract relates.

in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act or National Labor Relations Act, as applicable and to the extent determined by entities charged with such Acts' enforcement and shall comply with any provision of law establishing organizations as employees' exclusive representatives.

Establishment of Contractor Policy. The Contractor shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined. For the entire period of the contract, the Contractor shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the contracted services are performed; or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

Notification of Violations. The Contractor's obligations pursuant to these provisions are ongoing from the effective date and through the expiration date or, if applicable, the early termination date of the contract. Accordingly, the Contractor shall notify the Commonwealth if, at any time during the term of this contract, it becomes aware of any actions or occurrences that would result in violation of these provisions.

Cancellation or Termination of Contract. The Commonwealth may cancel or terminate this contract and all money due or to become due under this contract may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.

Subcontracts. The Contractor shall include these Nondiscrimination/Sexual Harassment provisions in its contracts with all subcontractors providing goods or services under this contract. The incorporation of these provisions in the Contractor's subcontracts does not create privity of contract between the Commonwealth and any subcontractor, and no third-party beneficiaries are created by those provisions. If the Contractor becomes aware of a subcontractor's violation of this clause, the Contractor shall use its best efforts to ensure the subcontractor's compliance with these provisions.

CONTRACTOR INTEGRITY.

Definitions. For purposes of these Contractor Integrity Provisions, the following definitions apply:

"Affiliate" means two or more entities where (a) a parent entity owns more than 50% of the voting stock of each of the entities; (b) a common shareholder or group of shareholders owns more than 50% of the voting stock of each of the entities; or (c) the entities have a common proprietor or general partner.

"Contractor" means the individual or entity, that has entered into this contract with the Commonwealth.

"Contractor Related Parties" means any Affiliates of the Contractor and the Contractor's executive officers, Pennsylvania officers and directors, or owners of five percent or more interest in the Contractor.

"Financial Interest" means ownership of more than a five percent interest in any business or holding a position as an officer, director, trustee, partner, employee, or holding any position of management.

"Gratuity" means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in the , as may be amended, 4 Pa. Code 7.153(b), apply.

"Non-bid Basis" means a contract awarded or executed by the Commonwealth with Contractor without seeking bids or proposals from any other potential bidder or offeror.

Representations and Warranties.

Contractor Representation and Warranties. The Contractor represents, to the best of its knowledge and belief, and warrants that within the last five years neither the Contractor nor Contractor Related Parties have:

been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

been suspended, debarred, or otherwise disqualified from entering into any contract with any governmental agency;

had any business license or professional license suspended or revoked;

had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and

been, and are not currently, the subject of a criminal investigation by any federal, state or local prosecuting or investigative agency or civil anti-trust investigation by any federal, state, or local prosecuting or investigative agency.

Contractor Explanation. If the Contractor cannot make the representations and warranties set forth above at the time of its submission of its bid or proposal or if this contract is awarded on a non-bid basis at the time of the execution of the contract, the Contractor shall submit a written explanation outlining the reasons why it cannot make those representations and warranties. The Commonwealth may, based on its evaluation of the explanation provided, determine whether it is in the Commonwealth's best interest to execute the contract.

Further Representations. By submitting any bills, invoices, or requests for payment pursuant to this contract, the Contractor further represents that it has not violated any of these Contractor Integrity Provisions during the term of the contract.

Notice. The Contractor shall immediately notify the Commonwealth, in writing, if at any time during the term of the contract it becomes aware of any event that would cause the Contractor's certification or explanation to change. The Contractor acknowledges that the Commonwealth may, in its sole discretion, terminate the contract for cause if it learns that any of the certifications made in these provisions are currently false or misleading due to intervening factual circumstances or were false or misleading or should have been known to be false or misleading when entering into the contract.

Contractor Responsibilities. During the term of this contract, the Contractor shall:

maintain the highest standards of honesty and integrity.

take no action in violation of any applicable laws, regulations, or other requirements applicable to the Contractor that govern Commonwealth contracting and procurement.

establish and implement a written business integrity policy that includes, at a minimum, the requirements of these provisions as they relate to the Contractor's activity with the Commonwealth and Commonwealth employees and ensure that its employees comply with the policy.

not accept, agree to give, offer, confer, agree to confer, or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order, statement of policy, management directive, or bulletin applicable to the provision of goods or services under this contract.

not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material under this contract, unless the financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Contractor's financial interest. The Contractor shall disclose the financial interest to the Commonwealth at the time of bid or proposal submission, or if no bids or proposals are solicited, no later than the date the Contractor signs the contract. The Commonwealth shall be deemed to have consented if the required disclosure is received and all of the required Commonwealth signatures are affixed.

comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S. 13A01 et seq.) regardless of the method of award.

comply with the requirements of Section 1641 of the Pennsylvania Election Code (25 P.S. 3260a) if this contract was awarded on a Non-bid Basis.

immediately notify the Commonwealth contracting officer or the Office of the State Inspector General, in writing, when the Contractor has reason to believe that any breach of ethical standards as set forth in law, the Governor's Code of Conduct, or these Contractor Integrity Provisions has occurred or may occur, including, but not limited to, contact by a Commonwealth officer or employee, which, if acted upon, would violate the ethical standards.

Investigations. If a State Inspector General investigation is initiated, the Contractor shall:

reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment.

cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Contractor non-compliance with these Contractor Integrity Provisions and make identified Contractor employees available for interviews at reasonable times and places.

upon the inquiry or request of an Inspector General, provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office of the State Inspector General to Contractor's integrity and compliance with these provisions. This information may include, but is not be limited to, Contractor's business or financial records, documents or files of any type or form that refer to or concern this contract.

Termination. For violation of any of these Contractor Integrity Provisions, the Commonwealth may terminate this and any other contract with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these Contractor Integrity provisions, claim damages for all additional costs and expenses incurred in obtaining another contractor to complete performance under this contract, and debar and suspend the Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one does not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or contract.

Subcontracts. The Contractor shall include these Contractor Integrity Provisions in its contracts with all subcontractors providing goods or services under this contract. The incorporation of this provision in the Contractor's subcontracts does not create privity of contract between the Commonwealth and any subcontractor, and no third-party beneficiaries are created by the inclusion of these provisions. If the Contractor becomes aware of a subcontractor's violation of these provisions, the Contractor shall use its best efforts to ensure the subcontractor's compliance with these provisions.

CONTRACTOR RESPONSIBILITY.

Definition. For the purpose of these provisions, the term "Contractor" means as any person, including, but not limited to, a bidder, offeror, loan recipient, grantee or lessor, who has furnished or performed or seeks to furnish or perform, goods, supplies, services, leased space, construction or other activity, under a contract, grant, lease, purchase order or reimbursement agreement with the Commonwealth. The term also includes a permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other public entity in the Commonwealth.

Contractor Representations.

The Contractor represents for itself and its subcontractors required to be disclosed or approved by the Commonwealth, that as of the date of its execution of this contract, that neither the Contractor, nor any such subcontractors, are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot make this representation, the Contractor shall submit, along with its contract, a written explanation of why such certification cannot be made.

The Contractor represents that as of the date of its execution of this contract it has no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appeal if such liabilities or obligations exist, or is subject to a duly approved deferred payment plan if such liabilities exist.

Notification. The Contractor shall notify the Commonwealth if, at any time during the term of this contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or, to the best of its knowledge, any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. The Contractor shall provide this notification within 15 days of the date of suspension or debarment.

Default. The Contractor's failure to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government constitutes an event of default of the contract with the Commonwealth.

Reimbursement. The Contractor shall reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor's compliance with the terms of this contract or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. These costs include, but are not limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment.

Suspension and Debarment List. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by visiting the eMarketplace website at and clicking the Debarment list tab.

AMERICANS WITH DISABILITIES ACT.

No Exclusion. Pursuant to the Americans with Disabilities Act, 42 U.S. Code 12101, et seq., no qualified individual with a disability may, on the basis of the disability, be excluded from participation in this contract or from activities provided for under this contract.

Compliance. For all goods and services provided pursuant to this contract, the Contractor shall comply with Title II of the Americans with Disabilities Act, the "General Prohibitions Against Discrimination" set forth in 28 C. F. R. 35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act that apply to state and local governments.

Indemnification. The Contractor shall indemnify the Commonwealth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including without limitation, litigation expenses, attorneys' fees, and liabilities, arising out of or in connection with the Contractor's failure or its employee's or agent's failure to comply with the provisions of paragraph a, as determined by the Commonwealth in its sole discretion.

APPLICABLE LAW AND FORUM.

This contract is governed by and must be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Contractor consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania and waives any claim or defense that such forum is not convenient or proper. Any Pennsylvania court or tribunal has in personam jurisdiction over the Contractor, and the Contractor consents to service of process in any manner authorized by Pennsylvania law. This provision may not be interpreted as a waiver or limitation of the Commonwealth's rights or defenses.

RIGHT TO KNOW LAW.

Applicability. The Pennsylvania Right-to-Know Law, 65 P.S. 67.101-3104, ("RTKL") applies to this contract.

Contractor Assistance. If the Commonwealth needs the Contractor's assistance in any matter arising out of the RTKL related to this contract, the Commonwealth shall notify the Contractor that it requires the Contractor's assistance, and the Contractor shall provide to the Commonwealth:

access to, and copies of, any document or information in the Contractor's possession (Requested Information) arising out of this contract that the Commonwealth reasonably believes is a public record under the RTKL, within ten calendar days after receipt of written notification; and

any other assistance as the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this contract.

Trade Secret or Confidential Proprietary Information. If the Contractor considers the Requested Information to include a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Contractor considers exempt from production under the RTKL, the Contractor shall notify the Commonwealth and provide, within seven calendar days of receipt of the written notice a written statement, signed by a representative of the Contractor, that explains why the requested material is exempt from public disclosure under the RTKL. If the Commonwealth determines that the Requested Information is clearly not exempt from disclosure, the Contractor shall provide the Requested Information to the Commonwealth within five business days of receipt of written notice of the Commonwealth's determination.

Reimbursement.

Commonwealth Reimbursement. If the Contractor fails to provide the Requested Information and the Commonwealth is ordered to produce the Requested Information, the Contractor shall reimburse the Commonwealth for any damages, penalties, or costs that the Commonwealth may incur as a result of the Contractor's failure, including any statutory damages assessed against the Commonwealth.

Contractor Reimbursement. The Commonwealth shall reimburse the Contractor for any costs that the Contractor incurs as a direct result of complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL.

Challenges of Commonwealth Release. The Contractor may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, the Contractor shall reimburse the Commonwealth for any legal expenses incurred by the Commonwealth as a result of the challenge, including any damages, penalties or costs that the Commonwealth may incur as a result of the Contractor's legal challenge, regardless of the outcome.

Waiver. As between the parties, the Contractor waives all rights or remedies that may be available to it as a result of the Commonwealth's disclosure of Requested Information pursuant to the RTKL.

Survival. The Contractor's obligations contained in this section survive the termination or expiration of this contract.

OFFSET.

The Commonwealth may set off the amount of any state tax liability or other obligation of the Contractor, or its subsidiaries, owed to the Commonwealth against any payments due the Contractor under any contract between the Commonwealth and Contractor.

AUTOMATED CLEARING HOUSE (ACH) PAYMENTS.

Payment Method. The Commonwealth shall make contract payments through the Automated Clearing House (ACH). Within 10 days of award of the contract or purchase order, the Contractor shall submit or shall have submitted its ACH information within its user profile in the Commonwealth's procurement system (SRM).

Unique Identifier. The Contractor shall submit a unique invoice number with each invoice submitted. The Commonwealth shall list the Contractor's unique invoice number on its ACH remittance advice to enable the Contractor to properly apply the state agency's payment to the invoice submitted.

ACH Information in SRM. The Contractor shall ensure that the ACH information contained in SRM is accurate and complete. The Contractor's failure to maintain accurate and complete information may result in delays in payments.

WORKER PROTECTION AND INVESTMENT.

The Contractor shall comply with all applicable Pennsylvania state labor laws and worker safety laws including, but not limited to, the following:

Construction Workplace Misclassification Act;

Employment of Minors Child Labor Act;

Minimum Wage Act;

Prevailing Wage Act;

Equal Pay Law;

Employer to Pay Employment Medical Examination Fee Act;

Seasonal Farm Labor Act;

Wage Payment and Collection Law;

Industrial Homework Law;

Construction Industry Employee Verification Act;

Act 102: Prohibition on Excessive Overtime in Healthcare;

Apprenticeship and Training Act; and Inspection of Employment Records Law.

ATTACHMENT C

DEPARTMENT OF ENVIRONMENTAL PROTECTION

FEDERAL REQUIREMENTS

1. General Federal Funding. If this agreement is funded, in whole or in part, with funds from the Federal Government, or by non-Federal funds used to match a federal grant, the following provisions apply:

A. All work under this agreement must be performed in accordance with applicable statutes, rules, and regulations of the Federal Government. All applicable Federal statutes and provisions of the Code of Federal Regulations (CFR) in effect on the date of execution of this agreement are an integral part of this agreement.

B. All applicable contract provisions specified by the Federal Government are an integral part of this agreement.

2. EPA Funding. If this agreement is funded, in whole or in part, by a grant from the United States Environmental Protection Agency (EPA), all applicable provisions of 40 CFR Parts 31, 33, and 35 (Subpart O), in effect on the date of the Assistance Award for this Project, are an integral part of this agreement. Further, Contractor shall comply with the provisions pertaining to conflict of interest set forth at 40 CFR 35.6550(b)(2)(ii) and the MBE/WBE reporting requirements detailed more thoroughly in Section 6 of these terms.

3. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the Federal Grantor Agency. Further this agreement is subject to Federal Grantor Agency requirements and regulations pertaining to reporting and patent rights if the agreement involves research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of or under this agreement, as well as Federal Grantor Agency requirements and regulations pertaining to copyrights and rights in data.

4. Equal Employment Opportunity. The Contractor shall comply with Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

5. General Audit Requirements.

A. Audit Requirements. The Contractor shall comply with all Federal and State audit requirements including: the Single Audit Act Amendments of 1996; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 ("Uniform Guidance at 2 CFR Part 200"); and any other applicable law or regulation and any amendment to any other applicable law or regulation that may be enacted or promulgated by the Federal government. In instances where a Federal program-specific audit guide is applicable, the audit report package for a program-specific audit may be different and should be prepared in accordance with the audit guide and Uniform Guidance at 2 CFR Part 200.

B. Audit Thresholds.

i. If the Contractor is a local government or non-profit organization and expends total Federal awards of $1,000,000 or more during its fiscal year, received either directly from the Federal Government or indirectly through the Department, the Contractor is required to have an audit made in accordance with the provisions of Uniform Guidance at 2 CFR Part 200.