1-Environmental Crimes ITQ SOW Final.docx

STATEMENT OF WORK

OFFICE OF ATTORNEY GENERAL

ENVIRONMENTAL CRIMES

INVITATION TO QUALIFY (ITQ) CONTRACT

ITQ# 4400033770

OVERVIEW: The purpose of the Environmental Crimes ITQ is to qualify responsible and responsive Contractors to perform a variety of specialized services related to environmental investigations occurring in all counties in Pennsylvania for the Office of Attorney General.

The Office of Attorney General, Environmental Crimes Section investigates and prosecutes violations of state environmental laws governing the processing, transportation, storage, or disposal of municipal, residual and hazardous waste as well as pollution of Waters of the Commonwealth. Most criminal prosecutions are initiated pursuant to the Solid Waste Management Act, Clean Streams Law, Air Pollution Control Act, Radiation Protection Act or Oil & Gas Act. In conjunction with environmental crimes, the Section prosecutes traditional Crimes Code offenses including, but not limited to, tampering with public records, forgery, unsworn falsification, reckless endangerment, criminal conspiracy, corrupt organizations, money laundering, vandalism, deceptive business practices and theft.

Due to the nature of environmental crimes cases, and often the need for sampling and/or laboratory analysis, there is often a need to hire contractors to perform specialized functions. These services include, but are not limited to: water, soil, and waste sampling; excavation of soil and waste; laboratory analysis; soil boring; and geotechnical surveying.

ISSUING OFFICE: This ITQ is managed and administered by the Commonwealth of Pennsylvania, Office of Attorney General (OAG). All inquiries should be referred to:

Alecia D. Peddigree, Procurement Specialist Office of Attorney General 14th Floor Strawberry Square Harrisburg, PA 17120 apeddigree@attorneygeneral.gov

QUALIFICATIONS: Contractors interested in becoming an ITQ Contractor must meet the following requirements. Failure to meet the below requirements will result in the application being rejected. Each Contractor that meets the minimum qualifications will be awarded a contract. Award of a contract to a Contractor is not a guarantee of business.

· Contractors must provide documentation showing two (2) years of experience in the appropriate commodity code selected under Service Categories.

· The documentation should include a brief overview of your company including:

· number of years in business,

· number of employees

· nature of business

· description of clients

· Subcontractors or partners that might be used to support the requirements of this Contract (include company names, addresses, primary functions, and the benefits these partners will bring to those receiving your services) Contractors must select the county(ies) in which they can serve. – Please see UNSPSC Code and County Selection Sheet.

· Proof of Insurance. The following insurance certificates are required at the time of the ITQ Contract prequalification and may be required with subsequent RFQs to confirm validity dates. It is the responsibility of the Contractor to maintain and provide current insurance certificates throughout the contract term. All insurance certificates must specify the following name and address as the certificate holder: Commonwealth of Pennsylvania, Office of Attorney General, 14th Floor Strawberry Square, Harrisburg, PA 17120. Please send certificates to purchasing@attorneygeneral.gov.

· Worker’s Compensation Insurance Certificate.

· Public Liability and Property Damage Insurance Certificate.

· Capability Statement. Include a capability statement showing your company’s ability to:

· manage multiple events in different counties, etc., at the same time;

· organize the personnel, equipment, and venues quickly, efficiently, and effectively, which are needed to support this Contract;

· partner or subcontract with other entities for supplies and services, which are outside the scope of what your company can currently provide;

· manage customer satisfaction and service legal agreements.

· Arrest/Conviction. By submitting this proposal, Vendor certifies to the best of its knowledge and belief that Vendor, including its officers, owners, executive staff and anyone completing this proposal, has not:

· Been arrested or convicted, by any governmental agency, of an environmental crime, or a crime involving moral turpitude, business honesty or integrity; and/or

· Ever been suspended, debarred or otherwise disqualified from entering into a contract with any governmental agency; and/or

· Had any business or professional license suspended or revoked.

· This certification obligation is ongoing. Vendor must immediately notify OAG in writing if at any time while listed on the ITQ it becomes aware of any event that would cause Vendor’s certification or explanation to change.

· Documents Required. The following documents are required to be completed and submitted with your qualification application.

· Iran Free Procurement Certification Form (BOP1701)

· Worker Protection, and Investment Certification Form (BOP-2201)

· Lobbying Certification Form (BOP-1307)

· Domestic Workforce Utilization Certification Form (BOP-1301)

· Russia Belarus Certification (BOP-2401)

· Copies of professional licenses or certifications that are relevant to the work being performed

· A project description of the services provided on the last two (2) projects your company completed.

· UNSPSC Code and County Selection Sheet

SERVICE CATEGORIES: Contractors will need to choose the appropriate commodity code(s) to qualify for this contract. Contractors will select the appropriate code(s) under the Business Details section of the qualification process. The Commonwealth may add additional commodity codes as the need arises. The table below lists the appropriate commodity code and description of each category.

Service Requirements:

· Service requirements will primarily be established by Commonwealth Agencies based on their specific location and specific system service requirements.

· In addition to normal business hours, Qualified Suppliers are/may be responsible for providing service(s) at night, weekends and/or as an emergency on an as needed basis.

· Qualified suppliers must be willing to sign secrecy oaths in advance of any work.

· Qualified suppliers must be willing to submit a list of employees who will participate in work so that a background check can be run in advance. See attached Authority to Release Information Form.

GENERAL INORMATION/REQUIREMENTS:

A. Type of Contract. Upon determination that the Contractor meets the ITQ requirements, the Commonwealth will issue a contract to the Contractor. Upon receipt of a Purchase Order (PO) issued under this Contract, the Contractor agrees to furnish the requested services to the Commonwealth agency issuing the PO.

B. Order of Precedence. If any conflicts or discrepancies should arise in the terms and conditions of this Contract, or the interpretation thereof, the order of precedence shall be:

i. This Contract; and

ii. The data residing on the PA OAG website, https://www.attorneygeneral.gov/procurement/, and incorporated herein by reference at the date of execution of the Contract or issuance of an RFQ off of this Contract, whichever is later, including but not limited to the promises and certifications the Contractor made in qualifying for the Contract.

If any conflicts or discrepancies should arise in the interpretation of a PO, the order of precedence shall be:

i. The Contract

ii. The service category definitions, descriptions, qualification requirements, and contract terms and conditions set forth in the RFQ; and

iii. The PO and any attachment thereto, including: (1) the Contractor’s Proposal, as accepted by the Commonwealth; (2) the RFQ.

C. Bid Protest Procedure. The Bid Protest Procedure can be found on the PA OAG website at https://www.attorneygeneral.gov/procurement/.

D. New Equipment. Unless otherwise specified in this ITQ, all products offered by Contractors must be new or remanufactured. A 'new' product is one that will be used first by the Commonwealth after it is manufactured or produced. A 'remanufactured' product is one which: 1) has been rebuilt, using new or used parts, to a condition which meets the original manufacturer's most recent specifications for the item; 2) does not, in the opinion of the Issuing Office, differ in appearance from a new item; and 3) has the same warranty as a new item. Unless otherwise specified in this invitation for bids, used or reconditioned products are not acceptable. This clause shall not be construed to prohibit Contractors from offering products with recycled content, provided the product is new or remanufactured.

E. Post-Submission Descriptive Literature. The Commonwealth may, during its evaluation of the bids, require any Contractor to submit cuts, illustrations, drawings, prints, test data sheets, specification sheets and brochures which detail construction features, design, components, materials used, applicable dimensions and any other pertinent information which the Issuing Office may require in order to evaluate the product(s) offered. The required information must be submitted within two (2) business days after notification from the Issuing Office. Failure to submit the required information prior to the expiration of the second business day after notification shall result in the rejection of the bid as non-responsive.

F. Tie Bids/Quotes. All tie bids/quotes will be broken by the Issuing Office.

G. Prompt Payment Discounts. Prompt payment discounts will not be considered in making an award. If prompt payment discounts are offered by any Contractor, however, the Issuing Office will take advantage of such offer.

REQUEST FOR QUOTES (RFQ) PROCEDURES: Commonwealth Agencies will issue an RFQ to qualified Contractors. Contractors will respond to the RFQ. The requesting Agencies may require the qualified Contractors to furnish, upon request, additional documentation in the RFQ. The qualified Contractors selected for the RFQ process will receive a Purchase Order (PO) and will supply the service to meet the specific requirements as indicated in the RFQ.

Agencies will exercise a scoring method based upon the criteria set forth in the RFQ. The Scoring Methods are defined as follows:

· Best Value

· The responsive and responsible supplier who is able to provide the required services as reflected by their Service Proposal, within the timeline dictated, and who’s pricing is determined to be most competitive, will be deemed as providing the best value to the Commonwealth and will be awarded a Purchase Order.

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