i

REQUEST FOR PROPOSALS FOR

Fort Indiantown Gap Master Plan Environmental Assessment

ISSUING OFFICE

Commonwealth of Pennsylvania, Department of Military and Veterans Affairs (DMVA),

Office of Procurement and Contracting, Fort Indiantown Gap, Fisher Avenue, Building 0-

47, Annville, PA 17003

RFP NUMBER

DMVA-FTIGEA-2010-002

DATE OF ISSUANCE

17 MAY 2010

ii

REQUEST FOR PROPOSALS FOR

FTIG EA 2010-2

TABLE OF CONTENTS

CALENDAR OF EVENTS Pg. iii

Part I—GENERAL INFORMATION 4 - 12

Part II—PROPOSAL REQUIREMENTS 13 - 20

Part III—CRITERIA FOR SELECTION 21 - 23

Part IV—WORK STATEMENT 24 - 35

APPENDIX A, STANDARD CONTRACT TERMS AND CONDITIONS

APPENDIX B, DOMESTIC WORKFORCE UTILIZATION CERTIFICATION

APPENDIX C, DMVA PROTEST PROCEDURES

APPENDIX D, PROPOSAL COVER SHEET

APPENDIX E, DELIVERABLES/COST SUBMITTAL PRICE SHEET

iii

CALENDAR OF EVENTS

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

Activity Responsibility Date

Deadline to submit Questions via email to James Pearson at

japearson@state.pa.us

Potential

Offerors 27 MAY 2010

Mandatory Preproposal Conference—at Fort Indiantown

Gap, Bldg. 0-47, OA Conference Room, Annville, PA

17003 from 10am to 130pm

Issuing

Office/Potential

Offerors

02 JUNE 2010

Answers to Potential Offeror questions posted to the DGS

website

(http://www.dgsweb.state.pa.us/RTA/Search.aspx) no

later than this date.

Issuing Office 04 JUNE 2010

Please monitor website for all communications regarding

the RFP.

Potential

Offerors ongoing

Sealed proposal must be received by the Issuing Office at

DMVA, Office of Administration, Procurement and

Contracting, Attn: James Pearson, Bldg. 0-47, Fort

Indiantown Gap, Annville, PA 17003-5002

Offerors 4 pm

18 JUNE 2010

Page 4 of 35

PART I

GENERAL INFORMATION

I-1. 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 Military and Veterans Affairs

consideration on behalf of the Commonwealth of Pennsylvania (―Commonwealth‖) to satisfy a

need for Fort Indiantown Gap Master Plan Environmental Assessment (―Project‖).

I-2. Issuing Office. The Department of Military and Veterans Affairs (―Issuing Office‖)

has issued this RFP on behalf of the Commonwealth. The sole point of contact in the

Commonwealth for this RFP shall be Jim Pearson, FTIG, Fisher Ave., Bldg. 0-47, Annville, PA

17003, Email: japearson@state.pa.us, Telephone # 717-861-8320: the Issuing Officer for this

RFP. Please refer all inquiries to the Issuing Officer.

I-3. Scope. 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.

I-4. Problem Statement. The objective of this project is for the selected contractor to

provide Fort Indiantown Gap (FTIG) with an environmental assessment that supports the Real

Property Development Plan (RPDP) and Access Control Perimeter (ACP). Additional detail is

provided in Part IV of this RFP.

I-5. 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 fixed price contract containing the Standard Contract Terms and

Conditions as shown in Appendix A and available at www.dgs.state.pa.us under Procurement

Forms. 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.

I-6. 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.

I-7. 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.

I-8. Mandatory Preproposal Conference. The Issuing Office will hold a preproposal

conference as specified in the Calendar of Events. The purpose of this conference is to provide

opportunity for clarification of the RFP. Offerors should forward all questions to the Issuing

Office in accordance with Part I, Section I-9 to ensure adequate time for analysis before the

Issuing Office provides an answer. Offerors may also ask questions at the conference. In view

of the limited facilities available for the conference, Offerors should limit their representation to

Page 5 of 35

two individuals per Offeror. The preproposal conference is for information only. Any answers

furnished during the conference will not be official until they have been verified, in writing, by

the Issuing Office. All questions and written answers will be posted on the Department of

General Services’ (DGS) website as an addendum to, and shall become part of, this RFP.

Attendance at the Preproposal Conference is mandatory. Failure to attend the preproposal

conference shall disqualify an Offeror from consideration for the contract to be awarded

from this RFP, and its proposal will be returned unopened.

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 DMVA-FTIGEA-2010-002

Question”) to the Issuing Officer named in Part I, Section I-2 of the RFP. If the Offeror has

questions, they must be submitted via email no later than the date indicated on the Calendar of

Events. The Offeror shall not attempt to contact the Issuing Officer by any other means. The

Issuing Officer shall post the answers to the questions on the DGS website by the date stated on

the Calendar of Events.

All questions and responses as posted on the DGS website are considered as an addendum to,

and part of, this RFP in accordance with RFP Part I, Section I-10. Each Offeror shall be

responsible to monitor the DGS website for new or revised RFP information. The Issuing Office

shall not be bound by any verbal information nor shall it be bound by any written information

that is not either contained within the RFP or formally issued as an addendum by the Issuing

Office. The Issuing Office does not consider questions to be a protest of the specifications or of

the solicitation. The required protest process for Commonwealth procurements is described on

the DGS website (www.dgs.state.pa.us) in the Procurement Handbook, Part I, Chapter 58.

I-10. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this

RFP before the proposal response date, the Issuing Office will post an addendum to the DGS

website at http://www.dgsweb.state.pa.us/RTA/Search.aspx. It is the Offeror’s responsibility

to periodically check the website for any new information or addenda to the RFP. Answers to

the questions asked during the Questions & Answers period also will be posted to the website as

an addendum to the RFP.

I-11. Response Date. To be considered for selection, hard copies of proposals 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 email or facsimile transmission. Offerors who send

proposals by mail or other delivery service should allow sufficient delivery time to ensure timely

receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the

Commonwealth office location to which proposals are to be returned is closed on the proposal

response date, the deadline for submission will be automatically extended until the next

Commonwealth business day on which the office is open, unless the Issuing Office otherwise

notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing

Office will reject, unopened, any late proposals.

I-12. Proposals. To be considered, Offerors should submit a complete response to this RFP to

the Issuing Office, using the format provided in Part II (a)(b)(c), providing 10 paper copies of

the Technical Submittal and one (1) paper copy of the Cost Submittal and two (2) paper

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copies of the Disadvantaged Business Submittal. In addition to the paper copies of the

proposal, Offerors shall submit two complete and exact copies of the entire proposal (Technical,

Cost and Disadvantaged Business Submittals, along with all requested documents) on CD-ROM

or Flash drive in Microsoft Office or Microsoft Office-compatible format. The electronic copy

must be a mirror image of the paper copy and any spreadsheets must be in Microsoft Excel. The

Offerors may not lock or protect any cells or tabs. Offerors should ensure that there is no costing

information in the technical submittal. Offerors should not reiterate technical information in the

cost submittal. The CD or Flash drive should clearly identify the Offeror and include the name

and version number of the virus scanning software that was used to scan the CD or Flash drive

before it was submitted. 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 D to this RFP) and

the Proposal Cover Sheet is attached to the Offeror’s proposal, the requirement will be met. For

this RFP, the proposal must remain valid for 180 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 and signs a receipt for the proposal. An Offeror may modify its

submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a

new sealed proposal or sealed modification which complies with the RFP requirements.

I-13. Disadvantaged Business Information. The Issuing Office encourages participation by

small disadvantaged businesses as prime contractors, joint ventures and subcontractors/suppliers

and by socially disadvantaged businesses as prime contractors.

Small Disadvantaged Businesses are small businesses that are owned or controlled by a majority

of persons, not limited to members of minority groups, who have been deprived of the

opportunity to develop and maintain a competitive position in the economy because of social

disadvantages. The term includes:

a. Department of General Services Bureau of Minority and Women Business

Opportunities (BMWBO)-certified minority business enterprises (MBEs) and

women business enterprises (WBEs) that qualify as small businesses; and

b. United States Small Business Administration certified 8(a) small disadvantaged

business concerns.

c. Businesses that BMWBO determines meet the Small Business Administration

criteria for designation as a small disadvantaged business.

Page 7 of 35

Small businesses are businesses in the United States which are independently owned, are not

dominant in their field of operation, employ no more than 100 full-time or full-time equivalent

employees, and earn less than $20 million in gross annual revenues ($25 million in gross annual

revenues for those businesses in the information technology sales or service business).

Socially disadvantaged businesses are businesses in the United States that BMWBO determines

are owned or controlled by a majority of persons, not limited to members of minority groups,

who are subject to racial or ethnic prejudice or cultural bias, but which do not qualify as small

businesses. In order for a business to qualify as ―socially disadvantaged,‖ the offeror must

include in its proposal clear and convincing evidence to establish that the business has personally

suffered racial or ethnic prejudice or cultural bias stemming from the business person’s color,

ethnic origin or gender.

Questions regarding this Program can be directed to:

Department of General Services

Bureau of Minority and Women Business Opportunities

Room 611, North Office Building

Harrisburg, PA 17125

Phone: (717) 783-3119

Fax: (717) 787-7052

Email: gs-bmwbo@state.pa.us

Website: www.dgs.state.pa.us

A database of BMWBO-certified minority- and women-owned businesses can be accessed at

http://www.dgsweb.state.pa.us/mbewbe/VendorSearch.aspx. The federal vendor database can be

accessed at http://www.ccr.gov by clicking on Dynamic Small Business Search (certified

companies are so indicated).

I-14. Information Concerning Small Businesses in Enterprise Zones. The Issuing Office

encourages participation by small businesses, whose primary or headquarters facility is

physically located in areas the Commonwealth has identified as Designated Enterprise Zones, as

prime contractors, joint ventures and subcontractors/suppliers.

The definition of headquarters includes, but is not limited to, an office or location that is the

administrative center of a business or enterprise where most of the important functions of the

business are conducted or concentrated and location where employees are conducting the

business of the company on a regular and routine basis so as to contribute to the economic

development of the geographical area in which the office or business is geographically located.

Small businesses are businesses in the United States which are independently owned, are not

dominant in their field of operation, employ no more than 100 full-time or full-time equivalent

employees, and earn less than $20 million in gross annual revenues ($25 million in gross annual

revenues for those businesses in the information technology sales or service business).

Page 8 of 35

There is no database or directory of small businesses located in Designated Enterprise Zones.

Information on the location of Designated Enterprise Zones can be obtained by contacting:

Aldona M. Kartorie

Center for Community Building

PA Department of Community and Economic Development

4th

Floor, Commonwealth Keystone Building

400 North Street

Harrisburg, PA 17120-0225

Phone: (717) 720-7409

Fax: (717) 787-4088

Email: akartorie@state.pa.us

I-15. 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. Offerors should limit the documentation submitted with their proposal to only those

documents that are relevant to the proposal. Documents should be submitted in a 12 point font or

higher.

I-16. 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.

I-17. 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

Offeror responsiveness to the solicitation requirements. The Issuing Office will initiate requests

for clarification.

I-18. Prime Contractor Responsibilities. 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. The Issuing Office will consider the selected Offeror to be the sole point of contact

with regard to contractual matters.

I-19. Proposal Contents.

a. Confidential Information. The Commonwealth is not requesting, and does not

require, confidential proprietary information or trade secrets to be included as part of 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.

Page 9 of 35

b. Commonwealth Use. All material submitted with the proposal shall be considered the

property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office’s

option. The Commonwealth has the right to use any or all ideas not protected by intellectual

property rights that are presented in any proposal regardless of whether the proposal becomes

part of a contract. Notwithstanding any Offeror copyright designations contained on proposals,

the Commonwealth shall have the right to make copies and distribute proposals internally and to

comply with public record or other disclosure requirements under the provisions of any

Commonwealth or United States statute or regulation, or rule or order of any court of competent

jurisdiction.

c. Public Disclosure. After the award of a contract pursuant to this RFP, all proposal

submissions are subject to disclosure in response to a request for public records made under the

Pennsylvania Right-to-Know-Law, 65 P.S. § 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. Financial

capability information submitted in response to Part II, Section II-7 of this RFP is exempt from

public records disclosure under 65 P.S. § 67.708(b)(26).

I-20. Best and Final Offers. 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:

i) Schedule oral presentations;

ii) Request revised proposals; and

iii) Enter into pre-selection negotiations, including the use of an online

auction.

The Issuing Office will limit any discussions to responsible Offerors (those that have submitted

responsive proposals and possess the capability to fully perform the contract requirements in all

respects and the integrity and reliability to assure good faith performance) whose proposals the

Issuing Office has determined to be reasonably susceptible of being selected for award. The

Criteria for Selection found in Part III, Section III-4, shall also be used to evaluate the best and

final offers. Price reductions offered through any reverse online auction shall have no effect

upon the Offeror’s Technical Submittal. Dollar commitments to Disadvantaged Businesses and

Enterprise Zone Small Businesses can be reduced only in the same percentage as the percent

reduction in the total price offered through negotiations, including the online auction.

I-21. 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.

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I-22. 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.

I-23. Debriefing Conferences. Offerors whose proposals are not selected will be notified of

the name of the selected Offeror and given the opportunity to be debriefed. The Issuing Office

will schedule the time and location of the debriefing. 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 the filing of a protest.

I-24. Issuing Office Participation. Offerors shall provide all services, supplies, facilities, and

other support necessary to complete the identified work

I-25. Term of Contract. The term of the contract will commence on the Effective Date and

will end on 18 November 2011 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.

I-26. Offeror’s Representations and Authorizations. By submitting its proposal, each

Offeror understands, represents, and acknowledges that:

a. 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.

b. 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.

c. 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.

Page 11 of 35

d. 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.

e. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. 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.

k. 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.

I-27. Notification of Selection. The Issuing Office will notify the selected Offeror in writing

of its selection for negotiation 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.

Page 12 of 35

I-28. RFP Protest Procedure. See DMVA protest procedures Appendix C. This

information can be found in the Procurement Handbook, Part I, Chapter 58. A protest by a party

not submitting a proposal must be filed within seven days after the protesting party knew or

should have known of the facts giving rise to the protest, but 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.

Page 13 of 35

PART II

PROPOSAL REQUIREMENTS

Offerors must submit their proposals in the format, including heading descriptions, outlined

below. To be considered, the proposal must respond to all requirements in this part of the RFP.

Offerors should provide any other information thought to be relevant, but not applicable to the

enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal and

all Disadvantaged Business cost data should be kept separate from and not included in the

Technical Submittal. Each Proposal shall consist of the following three separately sealed

submittals:

a. Technical Submittal, which shall be a response to RFP Part II, Sections II-1

through II-8;

b. Disadvantaged Business Submittal, in response to RFP Part II, Section II-9; and

c. Cost Submittal, in response to RFP Part II, Section II-10. APPENDIX E should

be completed and sealed separately.

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.

II-1. Statement of the Problem. State in succinct terms your understanding of the problem

presented or the service required by this RFP.

II-2. Management Summary. Include a narrative description of the proposed effort and a list

of the items to be delivered or services to be provided.

II-3. Work Plan. Describe in narrative form your technical plan for accomplishing the work.

Use the task descriptions in Part IV of this RFP as your 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.

Page 14 of 35

II-4. Prior Experience. Include experience in providing environmental assessments to both

public and private entities. 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 must provide information showing experience they have in providing environmental

assessment services for government projects, National Guard Military Training facility projects

of like size and scope, and projects that include any controversial content. Offeror must provide

information and examples of personnel’s problem resolution and adaptation to change relevant to

these types of projects.

II-5. Personnel. Include the number of executive and professional personnel, analysts,

auditors, researchers, programmers, consultants, etc., who will be engaged in the work. Show

where these personnel will be physically located during the time they are engaged in the Project.

For key personnel, including all environmental specialists, project managers and individuals

providing input into the environmental assessment, include the employee’s name and, through a

resume or similar document, the Project personnel’s education and experience in preparing

environmental assessments, providing specific information regarding assessments of similar size

and scope. Indicate the responsibilities each individual will have in this Project and how long

each has been with your company. Identify by name any subcontractors you intend to use and

the services they will perform. Offeror must provide a list of experienced, qualified personnel

that will be assigned to the project and provide information as to how the offeror will ensure

control of the continuity of the project and personnel assigned.

II-6. Training. If appropriate, indicate recommended training of agency personnel. Include

the agency personnel to be trained, the number to be trained, duration of the program, place of

training, curricula, training materials to be used, number and frequency of sessions, and number

and level of instructors.

II-7. Financial Capability. Describe your company’s financial stability and economic

capability to perform the contract requirements. Financial documents such as audited financial

statements or recent tax returns will be acceptable to the Commonwealth.

II-8. Objections and Additions to Standard Contract Terms and Conditions. The Offeror

will identify which, if any, of the terms and conditions (contained in Appendix A) it would like

to negotiate and what additional terms and conditions the Offeror would like to add to the

standard contract terms and conditions. The Offeror’s failure to make a submission under this

paragraph will result in its waiving its right to do so later, but the Issuing Office may consider

late objections and requests for additions if to do so, in the Issuing Office’s sole discretion,

would be in the best interest of the Commonwealth. The Issuing Office may, in its sole

discretion, accept or reject any requested changes to the standard contract terms and conditions.

The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offeror

request to completely substitute its own terms and conditions for Appendix A. All terms and

conditions must appear in one integrated contract. The Issuing Office will not accept references

to the Offeror’s, or any other, online guides or online terms and conditions contained in any

proposal.

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Regardless of any objections set out in its proposal, the Offeror must submit its proposal,

including the cost proposal, on the basis of the terms and conditions set out in Appendix A. The

Issuing Office will reject any proposal that is conditioned on the negotiation of the terms and

conditions set out in Appendix A or to other provisions of the RFP as specifically identified

above.

II-9. Disadvantaged Business Submittal.

a. Disadvantaged Business Information.

i) To receive credit for being a Small Disadvantaged Business or a Socially

Disadvantaged Business or for entering into a joint venture agreement with a

Small Disadvantaged Business or for subcontracting with a Small Disadvantaged

Business (including purchasing supplies and/or services through a purchase

agreement), a Offeror must include proof of Disadvantaged Business qualification

in the Disadvantaged Business Submittal of the proposal, as indicated below:

1) A Small Disadvantaged Businesses certified by BMWBO as an

MBE/WBE must provide a photocopy of their BMWBO certificate.

2) Businesses certified by the U.S. Small Business Administration

pursuant to Section 8(a) of the Small Business Act (15 U.S.C. § 636(a)) as

an 8(a) Small Disadvantaged Businesses must submit proof of U.S. Small

Business Administration certification. The owners of such businesses

must also submit proof of United States citizenship.

3) Businesses, which assert that they meet the U.S. Small Business

Administration criteria for designation as a small disadvantaged business,

must submit: a) self-certification that the business meets the Small

Business Administration criteria and b) documentary proof to support the

self-certification. The owners of such businesses must also submit proof

of United States citizenship, and provide any relevant small disadvantaged

business certifications by other certifying entities.

4) All businesses claiming Small Disadvantaged Business status,

whether as a result of BMWBO certification, or U.S. Small Business

Administration certification as an 8(a) or self-certification as a U.S. Small

Business Administration small disadvantaged business, must attest to the

fact that the business has no more than 100 full-time or full-time

equivalent employees.

5) All businesses claiming Small Disadvantaged Business status,

whether as a result of BMWBO certification, or U.S. Small Business

Administration certification as an 8(a) or self-certification as a U.S. Small

Business Administration small disadvantaged business, must submit proof

Page 16 of 35

that their gross annual revenues are less than $20,000,000 ($25,000,000

for those businesses in the information technology sales or service

business). This can be accomplished by including a recent tax return or

audited financial statement.

ii) All businesses claiming status as a Socially Disadvantaged Business must

include in the Disadvantaged Business Submittal of the proposal clear and

convincing evidence to establish that the business has personally suffered

racial or ethnic prejudice or cultural bias stemming from the business

person’s color, ethnic origin or gender. The submitted evidence of

prejudice or bias must:

1) Be rooted in treatment that the business person has experienced in

American society, not in other countries.

2) Show prejudice or bias that is chronic and substantial, not fleeting

or insignificant.

3) Indicate that the business person’s experience with the racial or

ethnic prejudice or cultural bias has negatively impacted his or her

entry into and/or advancement in the business world.

BMWBO shall determine whether the Offeror has established that a

business is socially disadvantaged by clear and convincing evidence.

iii) In addition to the above verifications, the Offeror must include in the

Disadvantaged Business Submittal of the proposal the following

information:

1) Those Small Disadvantaged Businesses submitting a proposal as

the Offeror, must include a numerical percentage which represents

the total percentage of the work (as a percentage of the total cost in

the Cost Submittal) to be performed by the Offeror and not by

subcontractors and suppliers.

2) Those Small Disadvantaged Businesses submitting a proposal as a

part of a joint venture partnership, must include a numerical

percentage which represents the total percentage of the work (as a

percentage of the total cost in the Cost Submittal) to be performed

by the Small Disadvantaged Business joint venture partner and not

by subcontractors and suppliers or by joint venture partners who

are not Small Disadvantaged Businesses. Offeror must also

provide:

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a) The amount of capital, if any, each Small Disadvantaged

Business joint venture partner will be expected to provide.

b) A copy of the joint venture agreement signed by all parties.

c) The business name, address, name and telephone number of

the primary contact person for the Small Disadvantaged

Business joint venture partner.

3) All Offerors must include a numerical percentage which represents

the total percentage of the total cost in the Cost Submittal that the

Offeror commits to paying to Small Disadvantaged Businesses as

subcontractors. To support its total percentage DB subcontractor

commitment, Offeror must also include:

a) The dollar amount of each subcontract commitment to a

Small Disadvantaged Business;

b) The name of each Small Disadvantaged Business. The

Offeror will not receive credit for stating that after the

contract is awarded it will find a Small Disadvantaged

Business.

c) The services or supplies each Small Disadvantaged

Business will provide, including the timeframe for

providing the services or supplies.

d) The location where each Small Disadvantaged Business

will perform services.

e) The timeframe for each Small Disadvantaged Business to

provide or deliver the goods or services.

f) A signed subcontract or letter of intent for each Small

Disadvantaged Business. The subcontract or letter of intent

must identify the specific work, goods or services the Small

Disadvantaged Business will perform and how the work,

goods or services relates to the project.

g) The name, address and telephone number of the primary

contact person for each Small Disadvantaged Business.

4) The total percentages and each subcontractor commitment will

become contractual obligations once the contract is fully executed.

5) The name and telephone number of the Offeror’s project (contact)

person for the Small Disadvantaged Business information.

iv) The Offeror is required to submit two copies of its Disadvantaged

Business Submittal. The submittal shall be clearly identified as

Disadvantaged Business information and sealed in its own envelope,

separate from the remainder of the proposal.

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v) A Small Disadvantaged Business can be included as a subcontractor with

as many prime contractors as it chooses in separate proposals.

vi) An Offeror that qualifies as a Small Disadvantaged Business and submits

a proposal as a prime contractor is not prohibited from being included as a

subcontractor in separate proposals submitted by other Offerors.

b. Enterprise Zone Small Business Participation.

i) To receive credit for being an enterprise zone small business or entering

into a joint venture agreement with an enterprise zone small business or

subcontracting with an enterprise zone small business, an Offeror must

include the following information in the Disadvantaged Business

Submittal of the proposal:

1) Proof of the location of the business’ headquarters (such as a lease

or deed or Department of State corporate registration), including a

description of those activities that occur at the site to support the

other businesses in the enterprise zone.

2) Confirmation of the enterprise zone in which it is located (obtained

from the local enterprise zone office).

3) Proof of United States citizenship of the owners of the business.

4) Certification that the business employs no more than 100 full-time

or full-time equivalent employees.

5) Proof that the business’ gross annual revenues are less than

$20,000,000 ($25,000,000 for those businesses in the information

technology sales or service business). This can be accomplished

by including a recent tax return or audited financial statement.

6) Documentation of business organization, if applicable, such as

articles of incorporation, partnership agreement or other documents

of organization.

ii) In addition to the above verifications, the Offeror must include in the

Disadvantaged Business Submittal of the proposal the following

information:

1) The name and telephone number of the Offeror’s project (contact)

person for the Enterprise Zone Small Business.

2) The business name, address, name and telephone number of the

primary contact person for each Enterprise Zone Small Business

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included in the proposal. The Offeror must specify each Enterprise

Zone Small Business to which it is making commitments. The

Offeror will not receive credit for stating that it will find an

Enterprise Zone Small Business after the contract is awarded or for

listing several businesses and stating that one will be selected later.

3) The specific work, goods or services each Enterprise Zone Small

Business will perform or provide.

4) The total cost amount submitted in the Offeror’s cost proposal and

the estimated dollar value of the contract to each Enterprise Zone

Small Business.

5) Of the estimated dollar value of the contract to each Enterprise

Zone Small Business, the percent of the total value of services or

products purchased or subcontracted that each Enterprise Zone

Small Business will provide.

6) The location where each Enterprise Zone Small Business will

perform these services.

7) The timeframe for each Enterprise Zone Small Business to provide

or deliver the goods or services.

8) The amount of capital, if any, each Enterprise Zone Small Business

will be expected to provide.

9) The form and amount of compensation each Enterprise Zone Small

Business will receive.

10) For a joint venture agreement, a copy of the agreement, signed by

all parties.

11) For a subcontract, a signed subcontract or letter of intent.

iii) The dollar value of the commitment to each Enterprise Zone Small

Business must be included in the same sealed envelope with the

Disadvantaged Business Submittal of the proposal. The following will

become a contractual obligation once the contract is fully executed:

1) The amount of the selected Offeror’s Enterprise Zone Small

Business commitment;

2) The name of each Enterprise Zone Small Business; and

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3) The services each Enterprise Zone Small Business will provide,

including the timeframe for performing the services.

II-10. Cost Submittal. The information requested in this Part II, Section II-10 shall constitute

the Cost Submittal. The Cost Submittal must be placed in a separate sealed envelope within

the sealed proposal, separated from the technical submittal. The total proposed cost shall be

broken down into the following components: See APPENDIX E, Deliverable Price Sheet/Cost

Submittal. Total cost for each deliverable should be based on the below criteria. 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.

a. Direct Labor Costs/Cost of Supplies and Materials. Show the following for

each deliverable task:

i) Total cost for each category and for all direct labor and material costs. All

costs including but not limited to, overhead, travel, labor, supplies and

incidentals, must be included in the cost for each deliverable. No

additional monies will be paid outside of the costs submitted on

APPENDIX E.

b. Travel and Subsistence. Itemize transportation, lodging and meals per diem

costs separately. Travel and subsistence costs must conform with the

requirements of the most current version of Commonwealth Management

Directive 230.10, Travel and Subsistence Allowances. The Issuing Office may

accept higher rates normally paid by an Offeror, if those rates were approved by

the Offeror’s officials and published prior to submitting this proposal to the

Issuing Office.

c. Total Cost.

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.

II-11. Domestic Workforce Utilization Certification. Complete and sign the Domestic

Workforce Utilization Certification contained in Appendix B of this RFP. Offerors who seek

consideration for this criterion must submit in hardcopy the signed Domestic Workforce

Utilization Certification Form in the same sealed envelope with the Technical Submittal.

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PART III

CRITERIA FOR SELECTION

III-1. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal

must be:

a. Timely received from an Offeror;

b. Properly signed by the Offeror.

III-2. Technical Nonconforming Proposals. The Issuing Office reserves the right, in its sole

discretion, to waive technical or immaterial nonconformities in an Offeror’s proposal.

III-3. Evaluation. The Issuing Office has selected a committee of qualified personnel to

review and evaluate timely submitted proposals. Independent of the committee, BMWBO will

evaluate the Disadvantaged Business Submittal and provide the Issuing Office with a rating for

this component of each proposal. 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. The Issuing Office will award a contract only to an Offeror determined to be

responsible in accordance with the most current version of Commonwealth Management

Directive 215.9, Contractor Responsibility Program.

III-4. Criteria for Selection. The following criteria will be used in evaluating each proposal.

In order for a proposal to be considered for selection for best and final offers or selection for

contract negotiations, the total score for the technical submittal of the proposal must be greater

than or equal to 70% of the highest scoring technical submittal.

a. Technical: The Issuing Office has established the weight for the Technical

criterion for this RFP as 50 % of the total points. Evaluation will be based upon

the following in order of importance:

(1) Personnel Qualifications

(2) Soundness of Approach

(3) Offeror Qualifications

(4) Understanding of the Problem

b. Cost: The Issuing Office has established the weight for the Cost criterion for this

RFP as 30 % of the total points.

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c. Disadvantaged Business Participation BMWBO has established the weight for

the Disadvantaged Business Participation criterion for this RFP as 20 % of the

total points. Evaluation will be based upon the following in order of priority:

Priority Rank 1 Proposals submitted by Small

Disadvantaged Businesses.

Priority Rank 2 Proposals submitted from a joint

venture with a Small Disadvantaged

Business as a joint venture partner.

Priority Rank 3 Proposals submitted with

subcontracting commitments to

Small Disadvantaged Businesses.

Priority Rank 4 Proposals submitted by Socially

Disadvantaged Businesses.

Each proposal will be rated for its approach to enhancing the utilization of Small

Disadvantaged Businesses and/or Socially Disadvantaged Businesses. Each

approach will be evaluated, with Priority Rank 1 receiving the highest score and

the succeeding options receiving scores in accordance with the above-listed

priority ranking

To the extent that an Offeror qualifies as a Small Disadvantaged Business or a

Socially Disadvantaged Business, the Small Disadvantaged Business or Socially

Disadvantaged Business cannot enter into subcontract arrangements for more than

40% of the total estimated dollar amount of the contract. If a Small

Disadvantaged Business or a Socially Disadvantaged Business subcontracts more

than 40% of the total estimated dollar amount of the contract to other contractors,

the Disadvantaged Business Participation scoring shall be proportionally lower

for that proposal.

d. Enterprise Zone Small Business ParticipationIn accordance with the priority

ranks listed below, bonus points in addition to the total points for this RFP, will

be given for the Enterprise Zone Small Business Participation criterion. The

maximum bonus points for this criterion is 3% of the total points for this RFP.

The following options will be considered as part of the final criteria for selection:

Priority Rank 1 Proposals submitted by an Enterprise

Zone Small Business will receive

three percent bonus for this criterion.

Priority Rank 2 Proposals submitted by a joint

venture with an Enterprise Zone

Small Business as a joint venture

Page 23 of 35

partner will receive two percent

bonus for this criterion.

Priority Rank 3 Proposals submitted with a

subcontracting commitment to an

Enterprise Zone Small Business will

receive the one percent bonus for this

criterion.

Priority Rank 4 Proposals with no Enterprise Zone

Small Business Utilization shall

receive no points under this criterion.

To the extent that an Offeror is an Enterprise Zone Small Business, the Offeror

cannot enter into contract or subcontract arrangements for more than 40% of the

total estimated dollar amount of the contract in order to qualify as an Enterprise

Zone Small Business for purposes of this RFP.

e. Domestic Workforce Utilization: Any points received for the Domestic

Workforce Utilization criterion are bonus points in addition to the total points for

this RFP. The maximum bonus points for this criterion is 3% of the total points

for this RFP. To the extent permitted by the laws and treaties of the United States,

each proposal will be scored for its commitment to use domestic workforce in the

fulfillment of the contract. Maximum consideration will be given to those

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.

Offerors who seek consideration for this criterion must submit in hardcopy the

signed Domestic Workforce Utilization Certification Form in the same sealed

envelope with the Technical Submittal. The certification will be included as a

contractual obligation when the contract is executed.

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PART IV

WORK STATEMENT

1.0 INTRODUCTION - Fort Indiantown Gap (FTIG) is located in south-central Pennsylvania,

approximately 22-miles northeast of the state capital, Harrisburg. FTIG is about 5-miles wide (north to

south) and 11 miles long (east to west), occupying approximately 17,100 acres of land. Most of FTIG lies in

northwestern Lebanon County, with its western portion in eastern Dauphin County. FTIG occupies a portion

of both East Hanover and West Hanover Townships in Dauphin County, and Union and East Hanover

Townships in Lebanon County. Blue Mountain, the southernmost ridge in the Appalachian Mountains,

separates the cantonment area from the training corridor, located in the valley between the summits of Blue

and Second Mountains.

In an effort to prepare a logical and sustainable development plan the Fort Indiantown Gap National

Guard Training Center (NGTC), a Pennsylvania Army National Guard (PAARNG) installation, has

prepared a Real Property Development Plan (RPDP) which it proposes to use as its Master Plan. This

twenty five (25) year plan establishes a framework for the future development. The plan will serve to:

enhance training capabilities; establish security and control perimeter; encourage ―campus‖ development;

emphasize smart growth and green development; and expand morale, welfare and recreation facilities and

improve quality of life. The key element and centerpiece of the installation’s Real Property Development

Plan (Master Plan) is an Access Control Perimeter (ACP).

This Scope of Work shall be as outlined below.

2.0 OVERVIEW

2.1. Objective – The objective of this work is for the selected contractor to provide Fort Indiantown Gap

(FTIG) with an environmental assessment that supports the RPDP and ACP development. Once the

National Environmental Policy Act (NEPA) process is completed, the RPDP will become FTIG’s master

plan and will guide the development of facilities such as access controlled perimeter located in the

cantonment portion of Ft. Indiantown Gap, in Annville, Pennsylvania. No design or construction

activities will be undertaken as part of this contract, such details are provided for informational purposes

only so that this agency’s overall objective is understood.

2.2. Background – This effort is the result of the 100% Interim-Final Real Property Development Plan

dated 30 June 2009. Principle #2 of the 5 Guiding Principles listed in this document states: ―Establish

Security and Control of Site Perimeter.‖ Construction of the required perimeter controls is intended to be

implemented over time, depending on the availability of funds, and incorporates security fencing, access

control points, vehicular gates, etc. It is important to have a comprehensive plan for the perimeter

controls so that sections can be constructed in a logical manner rand without duplication of effort. In

addition to protecting civilian and military personnel onsite against viable physical threats, controlling the

perimeter is also an integral component for the planning for future construction projects in as much as

building offsets for a controlled perimeter are less than for an uncontrolled perimeter. Thus, a controlled

perimeter allows for a more efficient use of the land at our disposal for constructing improvements for the

training of our soldiers.

2.3. Compliance – It is desired to establish a controlled perimeter for the Pennsylvania Army National

Guard Training Site, Fort Indiantown Gap (FTIG), in accordance with current standards for Army

Page 25 of 35

installations. The successful plan will balance the desire to maintain existing vegetative cover and

wildlife habitat with the security needs and associated required lines-of-sight for monitoring the

perimeter. In addition, the proposed perimeter controls will need to be designed to mitigate impacts to

any known nearby cultural resources, and the design will need to address erosion and stormwater controls

(including NPDES) required by the county. Potential environmental impacts of ACP and other

construction projects discussed in the RPDP will be assessed in the environmental assessment.

Contractor’s proposals should include how they will perform this work in compliance with standards for

Army installations.

2.4. Environmental Assessment – An Environmental Assessment (EA) is required in order for the

RPDP to become the installations’ Master Plan. The access controlled perimeter proposal is anticipated

to be the single largest environmental impact of the RPDP. Therefore, an environmental assessment is

required as part of this project to address the controlled perimeter project, as well as, other military

construction proposals related to the real property development plan. A detailed scope of work for the

environmental assessment is included below.

3.0 ENVIRONMENTAL ASSESSMENT OVERVIEW

3.1. The contractor may assume no permits, applications, or approvals, necessary for

construction, operation, or maintenance of PAARNG proposed facilities or actions will be

provided by the department.

3.2. Guidance Documents & References – The EA prepared under the following SOW will be in full

accordance with the National Environmental Policy Act (NEPA) of 1969, as amended (42 USC 4321 et

seq.); the Council on Environmental Quality (CEQ) Regulations (40 CFR 1500-1508); 32 CFR PART

651; and the Army National Guard Manual for Compliance with the National Environmental Policy Act

of 1969 - Guidance on Preparing Environmental Documentation for Army National Guard Actions in

Compliance with NEPA (2006). Implementation of the RPDP must be approved under these regulations

in order to ensure that impacts to the environment are avoided or minimized to the maximum extent

possible. Proposals should include how the contractor will remain in compliance with NEPA.

3.3. EA Format – The format for the required environmental document will follow the recommendations

and guidance provided in the Army National Guard Manual for Compliance with the National

Environmental Policy Act of 1969 - Guidance on Preparing Environmental Documentation for Army

National Guard Actions in Compliance with NEPA.

3.4 Administrative Record – The Contractor also will be responsible for maintaining the Administrative

Record for the project, in accordance with the ARNG’s NEPA Manual (most recent edition). The

Administrative Record will be submitted, in its entirety, to DMVA upon completion of the contract.

3.5. Coordination and In Progress Review Meetings (IPR) – The Contractor’s Project Manager will

coordinate, at a minimum of once weekly, with DMVA via telephone and/or e-mail, as directed by the

DMVA POC. The Contractor also will submit written monthly status reports via e-mail to the DMVA

POC. In this fashion, the DMVA will be continually and regularly updated and informed as to the

progress of this project, an essential component to ensure the conduct of a smooth, efficient, timely, and

well-coordinated NEPA process. In addition, scheduled In-Progress Review (IPR) and other programmed

meetings will be staffed by the Contractor’s senior NEPA staff, including the Contractor’s Program

Manager and Project Manager. This will ensure that the highest quality, most experienced advice,

guidance, and consultation are provided to the DMVA and the NGB throughout this NEPA process.

Unless otherwise noted, IPR meetings will be conference calls.

Page 26 of 35

3.6. Other Required Tasks

3.6.1. Project Start-Up and Internal Scoping Meeting at FTIG

1. The Contractor will attend a series of meetings with FTIG-NGTC training officers and environmental

staff at FTIG over the course of one (1) week. During these meetings, the Contractor will conduct a fact-

finding mission and an in-depth discussion of the components of the RPDP and current on-going

operations by the PAARNG at FTIG. The primary purpose of these meetings will be to discuss and focus

the purpose and need for each of the proposed actions and to begin crafting the Description of the

Proposed Action and Alternatives (DOPAA), which includes the purpose and need statements. As

components of these meetings, a thorough site tour will be conducted, and training needs, objectives, and

plans will be discussed and formalized. The Contractor will play a significant role in these discussions

while assisting the PAARNG with defining the types, locations, and needs of primary and associated

ancillary facilities associated with each of the proposed actions.

2. At these meetings, the Contractor will be furnished with copies of all available documents relevant to

the preparation and conduct of the Environmental Assessment on Implementation of FTIG’s Master Plan

(herein after referred to as the EA), as available. As a responsibility of the DMVA POC, all concerned

and knowledgeable representatives of the DMVA and PAARNG will be available during this week to

answer questions concerning, and to discuss components of, the RPDP and any other information relevant

to the preparation of the EA required by the Contractor.

3. The DMVA anticipates that the following three primary areas will be thoroughly addressed at these

meetings:

a. Purpose and Need for the Proposed Action(s) - Discussion of the current and future

mission(s) and associated training requirements of the PAARNG at FTIG; discussion of applicable

training regulation requirements and citations; detailed description of how and where the PAARNG is

currently conducting its activities at FTIG, including military (e.g., types of, locations of, frequencies of,

duration of, and troop involvement in training activities) and support activities; justification of proposed

training and support activities at FTIG, including land (terrain and spatial area) requirements and

locational needs to meet training objectives and to attain a full readiness posture; and other information

describing why the PAARNG requires FTIG as a training facility;

b. Description of the Proposed Action(s) - Discussion of all actions and training area

establishments contemplated by the PAARNG at FTIG. This includes designation of specific areas for

specific uses (training and support activities) with preliminary siting guided by the findings of the RPDP.

The description provided by the PAARNG will be as detailed as possible, based on currently available

information, and will include a discussion of the personnel, equipment, training types, construction

requirements, and timing of proposed activities. Demolition and/or removal of current facilities,

structures, ammunition, and other ancillary issues also will be discussed; and

c. Description of Alternatives Considered - Through these discussions, at least one

competing on-site build alternative and a No Action Alternative will be formulated and defined between

the Contractor and the DMVA and PAARNG for later analysis in the EA. Aside from the Preferred

Project Alternative, which is described in the RPDP, possible alternatives include No Action (will be

analyzed in the EA as required under 32 CFR PART 651), and another alternative which focuses on Anti-

Terrorist Force Protection (ATFP) requirements. The alternatives will be discussed and shaped at the

meetings, and will be determined feasible or infeasible for further analysis in the EA. In addition, other

actions previously contemplated by the PAARNG at FTIG, but since rejected, as well as the reasons for

their rejection, will be discussed.

Page 27 of 35

4. The Contractor will provide the DMVA with five copies of a summary letter detailing the results of

these meetings.

Deliverable: Five copies of letter summarizing meeting and understanding

3.6.2. Preparation of Draft DOPAA (dDOPAA)

1. The Contractor will synthesize the information discussed at the meeting, will incorporate and expand

upon the preliminary descriptions provided by the DMVA and PAARNG, will formalize a discussion of

the various alternatives considered, and will prepare the dDOPAA based on this information. The

dDOPAA will include a formal Purpose and Need Statement, Description of the Proposed Action

(preferred alternative), and Description of Alternatives Considered. The dDOPAA also will include draft

figures identifying the conceptual designs of the competing build alternatives at FTIG, including both on-

going (as appropriate) and proposed actions and activities. The figures will be prepared as shape files as

overlays of the PAARNG/DMVA's digitized aerial photo basemap (a.k.a. Digital Orthophoto

Quadrangles).

2. For the purposes of estimating level of effort, the Contractor may assume that the dDOPAA will

examine three (3) alternatives in depth: the No Action Alternative (as required under NEPA), the

Preferred Build Alternative , and a Competing Build Alternative (possibly a reduced scale alternative).

Additional alternatives previously considered but subsequently rejected will be presented, including

detailed rationale for their rejection. The Contractor will provide the DMVA POC with five hard copies

and one electronic copy of the dDOPAA, including figures. The DMVA POC will be responsible for

circulating the dDOPAA internally and for collecting comments from all reviewers.

Deliverable: dDOPAA -Five hard copies and one electronic copy, including graphics

package

3.6.3. FTIG, Annville, Pennsylvania IPR Meeting/dDOPAA Review

Upon completion of the DMVA review, the Contractor will attend a one-day meeting at FTIG, Annville,

Pennsylvania offices to discuss the dDOPAA and necessary revisions. The DMVA will provide written

comments to the Contractor on the dDOPAA. It will be the responsibility of the DMVA POC to

coordinate meetings and appropriate DMVA/PAARNG personnel to be available for this meeting. The

Contractor will furnish the DMVA POC with five copies of the minutes of this meeting, along with the

Contractor’s understanding of necessary revisions.

Deliverable: Five copies of letter summarizing meeting and understanding of necessary

revisions

3.6.4. Preparation of Final DOPAA (fDOPAA)

The Contractor will synthesize and incorporate comments received from the Task 3.6.3. FTIG, Annville,

Pennsylvania IPR Meeting/dDOPAA Review effort into the fDOPAA, and will revise graphics as

necessary. The Contractor will furnish the DMVA POC with 15 copies of the fDOPAA. The DMVA

POC will be responsible for circulating the fDOPAA internally, as appropriate.

Deliverable: fDOPAA -15 hard copies and one electronic copy, including graphics

package

Page 28 of 35

3.6.5. Intergovernmental and Interagency Coordination and Environmental Planning (IICEP)

Process

Under the direction of the DMVA POC, the Contractor will refresh and update correspondence with

pertinent regulatory agencies regarding the proposed actions and informing these agencies of the EA

process. The Contractor will provide the DMVA POC with two sets of hard copies of all correspondence

to and from these agencies.

Deliverable: Two hard copy sets and one electronic copy of consultation letters and

responses

3.6.6. Preparation of the Internal Draft Environmental Assessment (idEA)

Using the information gathered, the Contractor will prepare the idEA for the proposed actions. The idEA

will be prepared in accordance with the guidelines for content and format set forth in Sections 6 and 8 of

the Army National Guard Manual for Compliance with the National Environmental Policy Act of 1969 -

Guidance on Preparing Environmental Documentation for Army National Guard Actions in Compliance

with NEPA (2006), NEPA, CEQ guidelines, and 32 CFR Part 651.

The Contractor may assume that no new on-site, site-specific, resource-specific, and/or project-specific

field studies, including on-site noise measurements, traffic counts, air quality sampling, land use surveys,

flora and fauna surveys, wetland delineations, cultural resource surveys, water resource sampling or

monitoring, hazardous waste/IRP site investigations, or similar investigations will be required for

preparation of the EA. Such data has been previously prepared, or is in the process of being prepared, by

the DMVA and is/will be available from the DMVA for incorporation into the EA. Should the need for

such study arise during the course of this project, the Contractor will notify the DMVA POC immediately

in writing.

The Contractor will complete remote modeling and data synthesis for air quality, socio-economics, noise,

and other applicable technical areas, as required to complete a legally adequate EA. The Contractor will

conduct a one-week general site reconnaissance of FTIG to reconnoiter the project areas of effect, to

gather site specific data, and to visit local regulatory and planning agencies. The Contractor may assume

that one collective week of site reconnaissance of all proposed project and other alternative locations will

be sufficient to supplement existing baseline data on each of the sites.

Upon completion of this task, the Contractor will provide the DMVA POC with 15 copies of the idEA.

The DMVA POC will be responsible for circulating this document internally for review and comment.

Deliverable: idEA -15 hard copies and one electronic copy

Timeframe: estimated 45 days; plus 30 days for DMVA review

3.6.7. IPR Meeting via Telephone The Contractor will set-up a one-day conference call to discuss DMVA/PAARNG comments on the

idEA. The Contractor will record meeting minutes, including received written comments, and will

furnish the DMVA POC with five copies of the meeting minutes.

Deliverable: Five copies of letter summarizing meeting and understanding

3.6.8. Preparation of Preliminary Draft EA (pdEA)

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The Contractor will synthesize comments received on the idEA and will prepare the pdEA. The

Contractor will furnish the DMVA POC with five copies of the pdEA. The DMVA POC will be

responsible for circulating this document to the NGB and within the DMVA/PAARNG structure, as

appropriate.

Deliverable: pdEA – Five hard copies and one electronic copy

Timeframe: estimated 30 days for preparation; plus 45 days for DMVA/NGB review

3.6.9. IPR Meeting via Telephone

The Contractor will set-up a one-day conference call meeting to discuss DMVA/PAARNG and NGB

comments on the pdEA. The Contractor will record meeting minutes, including received written

comments, and will furnish the DMVA POC with five copies of the meeting minutes.

Deliverable: Five copies of letter summarizing meeting and understanding

3.6.10. Preparation of Draft EA (dEA)

The Contractor will synthesize comments received on the pdEA and will prepare the dEA. The

Contractor will furnish the DMVA POC with 25 bound copies of the dEA. The DMVA POC will be

responsible for publishing the dEA announcement in local newspaper(s), for identifying interested parties,

and for publicly circulating the dEA.

Deliverable: dEA -25 hard copies and one electronic copy

Timeframe: estimated 30 days for preparation; plus 30 day public review period

3.6.11. Pre-Comment Meeting Preparation at FTIG

Deliverable: Meeting Briefing, Meeting Minutes, Summary Data (five copies)

3.6.12. Annville Area, Pennsylvania Public Comment Meeting

The Contractor, including the Contractor's Program Manager and Project Manager, will

assist the DMVA and NGB personnel (as appropriate) in conducting one (1) Public

Comment Meeting for the project. The meeting location is anticipated to be at a public

location in the FTIG, Annville, Pennsylvania area. The Contractor may assume that the

Public Comment Meeting will occur over a 2-day period, including both an internal DMVA

preparatory meeting at FTIG and a subsequent public meeting in the Annville area. The

public meeting will be set up, directed, led, and coordinated by the DMVA. The Contractor

will assist in setting up to include scheduling and providing a professional court reporter.

The Contractor will prepare 50 copies of a Public Comment Meeting Briefing Package for

distribution to the public during the meeting. This package will include:

large and small format GIS-based graphics illustrating the proposed actions and alternatives;

salient descriptive and informative text related to the proposed actions and alternatives; and

a summary of the findings of the dEA.

At the public meeting, the Contractor will be responsible for discussing the NEPA process (in general and

specifically with respect to the PAARNG's proposed activities at FTIG), for reviewing the contents of the

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dEA, including providing technical expertise and support, and for facilitating the meeting. The

DMVA/PAARNG, with professional support and assistance from the Contractor, will be responsible for

briefing the audience with respect to the proposed actions and alternatives, and for responding to

questions and comments from the audience. In this manner, the Contractor will remain available to the

DMVA in a professional capacity, while avoiding the appearance of defending the proposed actions or

acting as a partial contractor.

The Contractor will be responsible for documenting received comments and for recording salient

information from public participants. The Contractor will provide a court reporter to record and transcribe

received comments. The Contractor will provide five copies of summary data, including the court

reporter's transcribed data, from the Public Comment Meeting to the DMVA POC.

Deliverable: Meeting Briefing Package (50 copies); Meeting Minutes (five copies)

3.6.13. Preparation of Internal Final EA (ifEA) and Preliminary Draft Finding of No Significant

Impact (pdFONSI)

Upon closure of the public comment period, the DMVA POC will collect all comments generated and

will furnish the Contractor with one package containing these comments. The Contractor, working with

the DMVA and the NGB, as appropriate, will prepare responses to comments in concert with preparing

the ifEA. For purposes of this SOW and determining the level of effort associated therewith, the

Contractor may assume that no more than 200 distinct comments, regardless of the number of comment

letters, will require responses in the ifEA. The Contractor will prepare the ifEA and the pdFONSI, if

appropriate (as opposed to a Notice of Intent [NOI] to complete an EIS–see below), and will furnish the

DMVA POC with five copies. The DMVA POC will be responsible for circulating this document within

the DMVA/PAARNG structure for review and comment.

Deliverable: ifEA/pdFONSI – Five hard copies and one electronic copy

Timeframe: estimated 30 days for preparation; plus 15 days for DMVA review

The remainder of this SOW assumes that no new or significant issues will arise through the public

comment period that will delay or alter the herein outlined course of the EA process. Should significant

issues or impacts that trigger the need for an EIS be identified at this point, or at any point within the EA

process, the Contractor will implement the procedures outlined in this document.

3.6.14. IPR Meeting via Telephone

The Contractor will set-up a one-day conference call meeting to discuss the PAARNG, DMVA, and

NGB's comments on the ifEA/pdFONSI. The Contractor will record meeting minutes, including received

comments, and will furnish the DMVA POC with five copies of the meeting minutes.

Deliverable: Five copies of letter summarizing meeting and understanding

3.6.15. Preparation of Draft Final EA (dfEA) and Draft FONSI (dFONSI)

The Contractor will synthesize comments received on the ifEA/pdFONSI and will prepare the

dfEA/dFONSI. The Contractor will furnish the DMVA POC with five copies of the dfEA/dFONSI. The

DMVA POC will be responsible for circulating this document to the NGB and DMVA/PAARNG

personnel for review and comment.

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Deliverable: dfEA/dFONSI – Five hard copies and one electronic copy

Timeframe: estimated 30 days for preparation; plus 45 days for DMVA/NGB review

3.6.16. FTIG, Annville, Pennsylvania IPR Meeting

The Contractor will attend a one-day meeting at the DMVA offices at FTIG in Annville, Pennsylvania to

discuss NGB and DMVA/PAARNG comments on the dfEA/dFONSI. The Contractor will record

meeting minutes, including received comments, and will furnish the DMVA POC with five copies of the

meeting minutes.

Deliverable: Five copies of letter summarizing meeting and understanding

3.6.17. Preparation of Final EA (fEA) and FONSI

The Contractor will synthesize comments received on the dfEA/dFONSI and will prepare the

fEA/FONSI. The Contractor will furnish the DMVA POC with 10 bound copies of the fEA/FONSI.

Deliverable: fEA/FONSI – 10 hard copies and one electronic copy

Timeframe: estimated 30 days for preparation; plus 30-day public circulation period

3.6.18. Final EA (fEA) and FONSI Public Review

The DMVA POC will be responsible for obtaining signatures on the FONSI and for publishing the Notice

of Availability (NOA); the contractor will be responsible for distributing the fEA/FONSI to those parties

on the distribution list.

3.6.19 Submit Administrative Record

The Administrative Record will be submitted, in its entirety, to the DMVA POC upon completion of the

work described in this SOW.

Deliverable: – One hard copy and one electronic copy

Timeframe: Within 30 Days from end of Public Review Period

4.0 PERIOD OF PERFORMANCE

Based on the time allotted to complete each Task as presented in this SOW, the DMVA anticipates that

completion of this SOW will not exceed 18 months. This includes required preparation and revision time,

as well as review/comment periods, starting from the date of contract initiation and terminating upon

completion of the fEA/FONSI. Alternate performance periods may be submitted with the proposal with

detailed information on how tasks will be completed.

If, at any point during this process, unavoidable significant impacts or any other situation that

would necessitate preparation of an Environmental Impact Statement (EIS) are identified, the

Contractor will immediately notify the DMVA, both in verbal and written forms. Progress of the

SOW will be deferred until a meeting can be held between the Contractor and the DMVA to

determine the future course of action.

IV-1. Objectives.

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a. General. Reference Work Statement for details.

b. Specific. Reference Work Statement for details.

IV-2. Nature and Scope of the Project. Reference Work Statement for details.

IV-3. Requirements. Reference Work Statement and Deliverables Schedule (in IV-4

Tasks for details) and Emergency Preparedness requirements.

a. 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.

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

2. 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:

o How your organization will handle staffing issues when a portion of key

employees are incapacitated due to illness.

o 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.

IV-4. Tasks. See following EA Deliverables Schedule:

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TASK DESCRIPTION OF ACTIVITY OR DELIVERABLE

FY 2010

DAYS FROM NOTICE

TO PROCEED (APPROXIMATE)

Government Notice to Proceed Given 0

3.6.1 1-Week Onsite meeting; EA Project Start-Up and EA Internal Scoping 10

- IICEP process intitated 14

3.6.2 Contractor Submits Draft DOPAA 25

Government Draft DOPAA reviewed by PAARNG and NGB over 15-day review period 40

3.6.3 Onsite In-Progress Review (IPR) Meeting and dDOPAA review 45

3.6.4 Contractor Submits Final DOPAA 60

3.6.5 IICEP Update 65

3.6.6 Contractor Submits Internal DEA 70

Government Internal dEA reviewed by PAARNG and NGB personnel, concurrently, over 30-day review period 100

3.6.7 Conference Call IPR meeting (IDEA review) and Meeting Minutes 105

3.6.8 Contractor Submits Preliminary DEA 115

Government DEA Review by PAARNG and NGB personnel, concurrently, over 45-day review period 160

3.6.9 Conference Call IPR meeting and Meeting Minutes 165

3.6.10 Contractor Prepares/revises Draft EA 175

3.6.11

Pre-Comment Prep Meeting. NGB and PAARNG review, approve, and agree to release DEA to public. PAARNG publishes NOA of DEA in local newspapers. Contractor sends DEA to all local concerned parties and libraries, as known.

30-Day Public Comment Period begin

180

190

220

3.6.12 Public Comment Meeting 185

Government

Public Comment Period closes. PADMVA POC collects and synthesizes received comments into one package and sends to Contractor.

240

3.6.13 Contractor submits Internal fEA/dFONSI. 260

3.6.14 Conference Call (IPR Meeting) & Minutes 270

3.6.15 Contractor submits Draft FEA/DFONSI 300

3.6.16 Annville, Pennsylvania IPR Meeting & Minutes 310

3.6.17 Contractor prepares Final EA/FONSI. 340

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3.6.18

PAARNG & NGB review, approve, and sign FEA/FONSI. PAARNG publishes NOA of FEA/FONSI in local newspapers and Contractor sends signed FEA/FONSI to Distribution List. 30-day Public Circulation Period begins. Public Review Meetings on the FEA are proposed.

385

3.6.19 ADMINISTRATIVE RECORD SUBMITTED

Offerors in accordance with the above Deliverables Schedule may offer a more compressed

and timely work schedule that meets the requirements of this RFP for completion.

IV-5. Reports and Project Control. Reports and Project Control must be in accordance

with the requirements of the Statement of Work and Deliverables Schedule. The awarded

offeror must also provide the Issuing Office with a quarterly report that includes status of

the Deliverables Schedule, any timeline issues that will affect completion of the deliverables

and overall completion of the project, and any other issues or problems that will impact

adhering to the Deliverables Schedule and timely completion of the project.

a. Task Plan. See Deliverables Schedule for detail.

b. Status Report. A periodic quarterly progress report covering activities,

problems and recommendations shall be submitted to the Issuing Office. This

report should be keyed to the work plan the Offeror developed in its proposal and

the Deliverables Schedule, as amended or approved by the Issuing Office.

c. Final Report. Final reporting requirements should be in accordance with the

Statement of Work and the Deliverables Schedule as specified.

IV-6. Contract Requirements—Disadvantaged Business Participation and Enterprise

Zone Small Business Participation. All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small

Business participation must also include a provision requiring the selected contractor to meet and

maintain those commitments made to Disadvantaged Businesses and/or Enterprise Zone Small

Businesses at the time of proposal submittal or contract negotiation, unless a change in the

commitment is approved by the BMWBO. All contracts containing Disadvantaged Business

participation and/or Enterprise Zone Small Business participation must include a provision

requiring Small Disadvantaged Business subcontractors, Enterprise Zone Small Business

subcontractors and Small Disadvantaged Businesses or Enterprise Zone Small Businesses in a

joint venture to perform at least 50% of the subcontract or Small Disadvantaged

Business/Enterprise Zone Small Business participation portion of the joint venture.

The selected contractor’s commitments to Disadvantaged Businesses and/or Enterprise Zone

Small Businesses made at the time of proposal submittal or contract negotiation shall be

maintained throughout the term of the contract and through any renewal or extension of the

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contract. Any proposed change must be submitted to BMWBO, which will make a

recommendation to the Contracting Officer regarding a course of action.

If a contract is assigned to another contractor, the new contractor must maintain the

Disadvantaged Business participation and/or Enterprise Zone Small Business participation of the

original contract.

The selected contractor shall complete the Prime Contractor’s Quarterly Utilization Report (or

similar type document containing the same information) and submit it to the contracting officer

of the Issuing Office and BMWBO within 10 workdays at the end of each quarter the contract is

in force. This information will be used to determine the actual dollar amount paid to Small

Disadvantaged Business and/or Enterprise Zone Small Business subcontractors and suppliers,

and Small Disadvantaged Business and/or Enterprise Zone Small Business participants involved

in joint ventures. Also, this information will serve as a record of fulfillment of the commitment

the selected contractor made and for which it received Disadvantaged Business and Enterprise

Zone Small Business points. If there was no activity during the quarter then the form must be

completed by stating ―No activity in this quarter.‖

NOTE: EQUAL EMPLOYMENT OPPORTUNITY AND CONTRACT COMPLIANCE

STATEMENTS REFERRING TO COMPANY EQUAL EMPLOYMENT OPPORTUNITY

POLICIES OR PAST CONTRACT COMPLIANCE PRACTICES DO NOT CONSTITUTE

PROOF OF DISADVANTAGED BUSINESSES STATUS OR ENTITLE AN OFFEROR TO

RECEIVE CREDIT FOR DISADVANTAGED BUSINESSES UTILIZATION.

APPENDIX B

DOMESTIC WORKFORCE UTILIZATION CERTIFICATION (07/24/09)

To the extent permitted by the laws and treaties of the United States, each proposal will be scored for its

commitment to use the 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. In order to be eligible for any consideration for this

criterion, offerors must complete and sign the following certification. This certification will be included

as a contractual obligation when the contract is executed. Failure to complete and sign this certification

will result in no consideration being given to the offeror for this criterion.

I, ______________________[title] of ____________________________________[name of

Contractor] a _______________ [place of incorporation] corporation or other legal entity,

(“Contractor”) located at __________________________________________________________

[address], having a Social Security or Federal Identification Number of ________________________, do

hereby certify and represent to the Commonwealth of Pennsylvania ("Commonwealth") (Check one of

the boxes below):

All of the direct labor performed within the scope of services under the contract will be

performed exclusively within the geographical boundaries of the United States or one of the

following countries that is a party to the World Trade Organization Government Procurement

Agreement: Aruba, Austria, Belgium, Bulgaria, Canada, Chinese Taipei, Cyprus, Czech

Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland,

Ireland, Israel, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, the

Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain,

Sweden, Switzerland, and the United Kingdom

OR

________________ percent (_____%) [Contractor must specify the percentage] of the

direct labor performed within the scope of services under the contract will be performed within

the geographical boundaries of the United States or within the geographical boundaries of one of

the countries listed above that is a party to the World Trade Organization Government

Procurement Agreement. Please identify the direct labor performed under the contract that will

be performed outside the United States and not within the geographical boundaries of a party to

the World Trade Organization Government Procurement Agreement and identify the country

where the direct labor will be performed: ____________________________________________

______________________________________________________________________________

[Use additional sheets if necessary]

The Department of General Services [or other purchasing agency] shall treat any misstatement as

fraudulent concealment of the true facts punishable under Section 4904 of the Pennsylvania Crimes Code,

Title 18, of Pa. Consolidated Statutes.

Attest or Witness: ______________________________

Corporate or Legal Entity's Name

_____________________________ ______________________________

Signature/Date Signature/Date

_____________________________ ______________________________

Printed Name/Title Printed Name/Title

APPENDIX C

A. Who May File the Protest. Any bidder, offeror, prospective bidder,

prospective offeror, or a prospective contractor who is aggrieved in connection with

the solicitation or award of a contract may file a protest. Protests relating to

cancellation of invitations for bids or requests for proposals and protests relating to

the rejection of all bids or proposals are not permitted.

B. Time for Filing.

1. If a protest is submitted by a prospective bidder or prospective

offeror, the protest must be filed before bid opening time or proposal

receipt date.

2. If a protest is filed by a bidder or offeror, the protest must be filed

within seven days after the protesting bidder or offeror knew or should have known

of the facts giving rise to the protest EXCEPT THAT IN NO EVENT MAY A PROTEST BE

FILED LATER THAN SEVEN DAYS AFTER THE DATE THE CONTRACT WAS

AWARDED. Date of filing is the date of receipt of protest.

3. Untimely filed protests will be disregarded by the Department of Military

and Veterans Affairs.

C. Form of Protest.

1. A protest must be in writing and filed with the Contracting Officer of the

Department of Military and Veterans Affairs.

2. A protest must state all grounds upon which the protesting party asserts

that the solicitation or award was improper. Issues not raised by the protesting

party before the Department of Military and Veterans Affairs are deemed waived and

may not be raised on appeal.

3. The protesting party may submit with the protest any documents or

information deemed relevant.

D. Notice of Protest. If award has been made, the Department of Military

and Veterans Affairs shall notify the successful bidder or contractor of the protest. If

the protest is received before award and substantial issues are raised by the

protest, all bidders and offerors who appear to have a substantial and reasonable

prospect of winning the award shall be notified and may file their agreement

/disagreement with the Department of Military and Veterans Affairs within five days

after receipt of notice of protest.

E. Stay of Procurement. The Adjutant General of the Department of Military

and Veterans Affairs (or designee) shall immediately decide whether or not the

solicitation or award shall be stayed, or if the protest is timely received after the

award, whether the performance of the contract should be suspended. The

Department of Military and Veterans Affairs shall not proceed further with the

solicitation or with the award of the contract, and shall suspend performance under

the contract if awarded, unless The Adjutant General makes a determination that the

protest is clearly without merit or that award of the contract without delay is

necessary to protect the substantial interests of the Commonwealth.

F. Procedures.

1. Contracting Officer Response. Within 15 days of the receipt of a

protest, the Contracting Officer may submit a written response to The Adjutant

General(or designee). The response may include any documents or information that

the Contracting Officer deems relevant to the protest.

2. Protesting Party Reply. Within 10 days of the date of the Contracting

Officer’s response, the protesting party may file a written reply.

3. Review. The Adjutant General (or designee) shall:

a. Review the protest and any response or reply.

b. Request and review any additional documents or information

deemed necessary to render a decision.

c. Give the protesting party and the contracting officer reasonable

opportunity to review and address any additional documents or information

requested by The Adjutant General.

d. In his sole discretion, conduct a hearing.

e. Within 60 days of the receipt of the protest, issue a written

determination stating the reasons for the decision.

f. If additional time is required to investigate the protest, inform the

protesting party of the additional time needed to render a determination and obtain

the protesting party's consent.

4. "Clearly Without Merit" determinations. If The Adjutant General (or

designee) determines, upon receipt, that the protest is clearly without merit and

does not stay the procurement, The Contracting Officer shall immediately issue the

decision as required by H., below.

G. Settlement. The Department of Military and Veterans Affairs has the

authority to settle and resolve bid protests.

H. Decision. The Contracting Officer shall promptly, but in no event later than

60 days from the filing of the protest, issue a written decision. The decision shall:

1. State the reasons for the decision.

2. If the protest is denied, inform the protesting party of its right to file an

appeal in Commonwealth Court within 15 days of the mailing date of the decision.

3. If it is determined that the solicitation or award was contrary to

law, enter an appropriate order under I. or J., below.

The Department of Military and Veterans Affairs shall send a copy of the

decision to the protesting party and any other person determined by the Department

of Military and Veterans Affairs to be affected by the decision.

I. Remedy Before Execution of Contract. If, before execution of a

contract, it is determined that a solicitation or proposed award of a contract was in

violation of law, The Adjutant General of the Department of Military and Veterans

Affairs may do one of the following:

1. Cancel the solicitation;

2. Change the solicitation to comply with law;

3. Reject all bids or proposals or those parts of the bids or proposals which

were affected by the violation; or

4. Change or cancel the award to comply with law.

J. Remedies After Execution of Contract. If, after the execution of a

contract, it is determined that a solicitation or award of a contract was in violation of

law:

1. If the contractor did not act fraudulently or in bad faith, the contract

may be:

a. Ratified and affirmed provided it is determined by the Department of

Military and Veterans Affairs that doing so is in the best interest of the

Commonwealth.

b. Modified to comply with the law with the consent of all parties.

c. Cancelled and the contractor shall be compensated for the actual

expenses reasonably incurred under the contract prior to termination. Such

compensation shall not include loss of anticipated profit, loss of use of money, or

administrative or overhead costs.

2. If the contractor has acted fraudulently or in bad faith, the contract may

be:

a. Declared void.

b. Modified to comply with law with the consent of all parties.

c. Ratified and affirmed, provided it is determined by the Department

of Military and Veterans Affairs, if that action is in the best interests of the

Commonwealth and without prejudice to the right of the agency to damages, as may

be appropriate.

APPENDIX D - PROPOSAL COVER SHEET

COMMONWEALTH OF PENNSYLVANIA

Commonwealth of Pennsylvania, Department of Military and Veterans

Affairs, Office of Administration, Procurement and Contracting

RFP# DMVA-FTIGEA-2010-002

Enclosed in three separately sealed submittals is the proposal of the Offeror identified

below for the above-referenced RFP:

Offeror Information:

Offeror Name

Offeror Mailing Address

Offeror Website

Offeror Contact Person

Contact Person’s Phone Number

Contact Person’s Facsimile Number

Contact Person’s E-Mail Address

Offeror Federal ID Number

Submittals Enclosed and Separately Sealed:

Technical Submittal

Disadvantaged Business Submittal

Cost Submittal

Signature

Signature of an official

authorized to bind the

Offeror to the provisions

contained in the Offeror’s

proposal:

Printed Name

Title

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM WITH THE

OFFEROR’S PROPOSAL MAY RESULT IN THE REJECTION OF THE OFFEROR’S

PROPOSAL

APPENDIX E

Fort Indiantown Gap

EA for Implementation of the Master Plan

DELIVERABLES PRICE SHEET/COST SUBMITTAL

TASKDESCRIPTION OF ACTIVITY OR DELIVERABLE

PRICE

4.6.1EA Project Start-Up Meeting and EA Internal Scoping Total

Direct Labor and Material Costs

TASK 4.6.1 TOTALS

4.6.2Submit Draft DOPAA Total

Direct Labor and Material Costs

TASK 4.6.2 TOTAL

4.6.3In-Progress Review (IPR) and dDOPAA review Meeting Total

Direct Labor and Material Costs TASK 4.6.3 TOTAL

4.6.4Submit Final DOPAA Total

Direct Labor and Material Costs

TASK 4.6.4 TOTAL

4.6.5 & 4.6.6IICEP Update & Submit Internal DEA Total

Direct Labor and Material Costs

TASK 4.6.5 & 4.6.6 TOTAL

4.6.7IDEA Review & IPR Meeting Total

Direct Labor and Material Costs TASK 4.6.7 TOTAL

4.6.8 & 4.6.9 Submit Preliminary DEA & IPR meeting TotalDirect Labor and Material Costs

TASK 4.6.8 & 4.6.9 TOTAL

4.6.10Contractor Prepares/revises Draft EA Total

Direct Labor and Material Costs

TASK 4.6.10 TOTAL

4.6.11 & 4.6.12

Prep Meeting; contractor sends DEA to local concerned parties & public repositories; Public Comment Period begins; Public Comment Meeting Total

Direct Labor and Material Costs

TASK 4.6.11 & 4.6.12 TOTAL

4.6.13Submit Internal fEA/dFONSI. Total

Direct Labor and Material Costs

TASK 4.6.13 TOTAL

4.6.14 & 4.6.15IPR Meeting & submit Draft FEA/DFONSI Total

Direct Labor and Material Costs

TASK 4.6.14 & 4.6.15 TOTAL

4.6.16 & 4.6.17 IPR Meeting & prepare Final EA/FONS Total

Direct Labor and Material Costs

TASK 4.6.15 & 4.6.17 TOTAL

4.6.18

Govt review, approve, sign FEA/FONSI & publishes NOA of FEA/FONSI in local newspapers; Contractor sends signed FEA/FONSI to Distribution List; Public Review

Meeting Total

Direct Labor and Material Costs

TASK 4.6.18 TOTAL

4.6.19ADMINISTRATIVE RECORD SUBMITTED Total

Direct Labor and Material Costs

TASK 4.6.19 TOTAL

Overall Total