3237TP - Doc 2 - Section 7, Federal & State Provisions.pdf

25-05-3237TP SECTION 7 – Provisions Applicable to Federal and State Funded Highway Projects 1 | P a g e

SECTION 7

IFB #25-05-3237TP

PROVISIONS APPLICABLE TO FEDERAL AND STATE

FUNDED HIGHWAY PROJECTS

7.1 If applicable, all work is to be accomplished utilizing computerized design and drafting systems compatible with the VDOT’s automated design and drafting systems. VDOT’s roadway design system is GEOPAK Civil Design Software and the drafting system is Microstation. All projects/tasks will be developed utilizing all applicable County, State, and Federal regulations, policies, procedures, and guidelines. This Request for Proposal does not commit VDOT to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services.

7.2 Any agreement between a consultant and a DBE firm whereby the DBE firm promises not to provide services to other consultants is prohibited. The DBE contract goal for this procurement is __%. Please note that the contract goal percentage will be set by VDOT at the time of bidding on a specific project.

It is the policy of the Virginia Department of Transportation and the County that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of federally funded consultant contracts. A list of Virginia Department of Small Business and Supplier Diversity (DSBSD) certified DBE firms is maintained on their web site (http://www.sbsd.virginia.gov/) under the DBE Vendor Directory of Virginia Unified Certification Program. Consultants are encouraged to take all necessary and reasonable steps to ensure that DBE firms have the maximum opportunity to compete for and perform services on the contract, including participation in any subsequent supplemental contracts. If the consultant intends to subcontract a portion of the services on the project, the consultant is encouraged to seek out and consider DBE firms as potential subconsultants. The consultant is encouraged to contact DBE firms to solicit their interest, capability and qualifications.

In accordance with the Governor’s Executive Order No. 33, the Virginia Department of Transportation also requires a utilization of Small, Women and Minority (SWaM) Businesses to participate in the performance of state funded Consultant contracts. A list of Virginia Department of Minority Business Enterprise (DMBE) certified SWaM firms is maintained on the DMBE web site (http://www.dmbe.state.va.us/) under the SWaM Vendor Directory link. Consultants are encouraged to take all necessary and reasonable steps to ensure that SWaM firms have the maximum opportunity to compete for and perform services on the contract, including participation in any subsequent supplemental contracts. If the Consultant intends to subcontract a portion of the services on the project, the Consultant is encouraged to seek out and consider SWaM firms as potential subcontractors. The Consultant is encouraged to contact SWaM firms to solicit their interest, capability and qualifications. Any agreement between a Consultant and a SWaM firm whereby the SWaM firm promises not to provide services to other Consultants is prohibited.

If portions of the services are to be subcontracted to a DBE or SWaM, the following needs to be submitted with your RFP and both must reference the project number(s) for the services:

• Written documentation of the prime’s commitment to the DBE or SWaM firm to subcontract a portion of the services, a description of the services to be performed and the percent of participation.

• Written confirmation from the DBE or SWaM firm that it is participating, including a description of the services to be performed and the percent of participation.

A. 49 CFR Part 26 requires VDOT to collect certain data about firms attempting to participate in VDOT contracts. This data must be provided on the ‘Firm Data Sheet’ included as Attachment A.

B. VDOT is also required to capture DBE and Small, Women and Minority-Owned Businesses (SWaM) payment information on all professional services contracts. The successful Offeror will be required to http://www.sbsd.virginia.gov/ http://www.dmbe.virginia.gov/swam_reports/dbe_listing.htm http://www.dmbe.virginia.gov/swam_reports/dbe_listing.htm

25-05-3237TP SECTION 7 – Provisions Applicable to Federal and State Funded Highway Projects 2 | P a g e complete ‘VDOT Form C-63’ for both state and federally funded projects on quarterly basis. ‘VDOT Form C-63’ is provided in Attachment G.

C. Any DBE or SWaM firm must become certified with the Virginia Department of Minority Business

Enterprise prior to submission of your proposal response. If a DBE or SWaM firm is the Offeror, the firm will receive full credit for planned involvement of their own forces, as well as the work that they commit to be performed by DBE or SWaM subcontractors. DBE or SWaM Offerors are encouraged to make the same outreach efforts as other Offerors. DBE or SWaM credit will be awarded only for work actually being performed by them. When a DBE or SWaM prime Offeror subcontracts work to another firm, the work counts toward DBE or SWaM goals only if the other firm is itself a DBE or SWaM. A DBE or SWaM Offeror must perform or exercise responsibility for at least 30% of the total cost of the contract with its own personnel.

D. DBE or SWaM certification entitles Offerors to participate in VDOT’s DBE and SWaM programs.

However, this certification does not guarantee that the firm will obtain VDOT work nor does it attest to the firm’s abilities to perform any particular work.

E. Should successful Offerors, contracted by the County, bid on a specific project by the County, the DBE related forms found in Attachment O must be completed by the Consultant and submitted to the County at that time. These include VDOT Form C-48, C-49, C-111, and C-112.

7.3 The Business Opportunity and Workforce Development (BOWD) Center is a VDOT developmental supportive services program and partnering initiative funded by the Federal Highway Administration (FHWA) for selected DBE firms of various skill and competence levels interested in entering, enhancing or expanding highway contracting opportunities with Offerors. The partnering initiative between Offerors and BOWD DBE firms provides the opportunity for the further development of DBE firms through performance on contracts and guidance from Offerors. The intent of this partnering initiative is to increase capacity by perfecting existing skills and knowledge, expanding into new work areas, and Offeror joint venturing with DBE firms.

Offerors are encouraged to achieve all or a percentage of the required DBE participation/goals determined for this project by the utilization of BOWD approved firms. For assistance in utilizing approved BOWD firms, contact the BOWD Center at (804) 786-6585 or via email at BOWDCenter@vdot.virginia.gov. The DBE goal for this contract is __%. Please note that the contract goal percentage will be set by VDOT at the time of bidding on a specific project. For further information on the BOWD Center and to view the DBE profiles, go to the following VDOT website address:

https://www.vdot.virginia.gov/doing-business/programs-for-businesses/dbe-supportive-services/

7.4 All firms submitting an EOI (Offerors, joint ventures and subconsultants) must have internal control systems in place that meet Federal requirements for accounting. These systems must comply with requirements of 48CFR31, “Federal Acquisition Regulations, Contract Cost Principles and Procedures,” and 23CFR172, “Administration of Negotiated Contracts.” All architectural or engineering firms selected for a project (Offerors, joint ventures and subconsultants) must submit their FAR audit data along with a Consultant Cost Certification for indirect cost rates required by FHWA order 4470.1A dated October 27, 2010 to the Department within 10 work days of being notified of their selection, whereby an official of an architectural or engineering firm shall certify that the indirect cost rate submitted does not include any costs which are expressly unallowable and that the indirect cost rate was established only with allowable costs in accordance with the applicable cost principles contained in the Federal Acquisition Regulations (FAR) of 48CFR31. A sample Contractor Cost Certification is available for architectural or engineering firm’s use on VDOT website at:https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/business-opportunities/consultants/FHWA-Order-4470.01A_acc.pdf. Should any firm on the consultant team fail to submit the required audit data and certification within the 10 workdays, negotiations may be terminated by the County and the next most qualified team invited to submit a EOI.

7.5 Records Exclusion from Public Disclosure: Pursuant to the provisions of §2.2-3705.6 (22) of the Code of

Virginia, trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), including, but not mailto:BOWDCenter@vdot.virginia.gov https://www.vdot.virginia.gov/doing-business/programs-for-businesses/dbe-supportive-services/ https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/business-opportunities/consultants/FHWA-Order-4470.01A_acc.pdf https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/business-opportunities/consultants/FHWA-Order-4470.01A_acc.pdf

25-05-3237TP SECTION 7 – Provisions Applicable to Federal and State Funded Highway Projects 3 | P a g e limited to, financial records, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Inspector General of the Virginia Department of Transportation for the purpose of an audit, special investigation, or any study requested by the Inspector General’s Office in accordance with law may, subject to a determination by the Inspector General as described herein, be withheld from public disclosure under the Virginia Freedom of Information Act (FOIA). To enable the Inspector General to identify data or records that may be subject to this exclusion from disclosure under FOIA the private or nongovernmental entity shall, in accord with procedures adopted by the Inspector General, make a written request to the Inspector General of the Virginia Department of Transportation:

• Invoking such exclusion upon submission of the data or other materials for which protection is sought

• Identifying with specificity the data or other materials for which protection is sought and stating the reasons why protection is necessary

The VDOT Inspector General shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial records of the private entity. Hanover County shall make a written determination of the nature and scope of the protection to be afforded by it. Notwithstanding the foregoing, Consultant’s failure to comply with the requirements stated herein and procedures established by the Inspector General for seeking an exclusion pursuant to §2.2-3705.6 (22) of the Code of Virginia shall result in a denial of the exclusion. Requests for exclusion that are submitted after data or other materials for which protection is sought have been submitted will be denied.

If litigation directly or indirectly results from or arises out of a granted exemption, the Consultant will be responsible for all litigation costs incurred by Consultant and-or Hanover County associated with such litigation. In no event shall Hanover County or its officers, employees or agents be liable to the Consultant as a result of any disclosure of records or data collected by the Hanover County, its officers, employees or agents, pursuant to an audit, special investigation, or any study requested by the Inspector General’s Office, whether or not the Inspector General has determined that the requested exclusion from disclosure under FOIA is necessary to protect the trade secrets or financial records of the private entity, and in no event shall the Hanover County, or its officers, employees, or agents be liable to the Consultant for any damages or other claims arising directly or indirectly from a determination that the exclusion from public disclosure will not be granted.

7.6 If the prime Consultant or subcontractor does not have the in-house capability to provide non-professional services, each with an estimated cost of $5,000 or greater, such as diving services, soil drilling, sampling services or laboratory testing, these services must be subcontracted in accordance with State procurement procedures once a contract is executed, with no DBE or SWaM credit in the selection of the most qualified firm or team. Clearly indicate these services in the RFP response.

7.7 CONFLICT OF INTEREST: At any time, Hanover County may consider projects assigned under this contract to be delivered through a design-build option. If Hanover County decides to deliver a project through design-build option, the successful Consultant and any of its team members may not be allowed to participate in ANY subsequent design-build contracts related to that project. Furthermore, Hanover County will notify the successful Consultant regarding the change in its intent of delivery method in advance. The Conflict of Interest determination will be made on a case by case basis at such time.

The change in a project delivery method for this contract may result in a potential conflict of interests for the Consultant and any of its team members. As such, the scope of services and their role may be revised and redefined to meet the project need as identified by the Department. The Consultant and its team members may not be allowed to participate in ANY subsequent contracts (design and-or construction) related to this project. The Conflict of Interest determination will be made in accordance with the department policy. The policy is available at the following VDOT website address: https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/iim-apd-2-organizational-conflict-of-interest-guidelines-for-design-build-procurements/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/iim-apd-2-organizational-conflict-of-interest-guidelines-for-design-build-procurements/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/iim-apd-2-organizational-conflict-of-interest-guidelines-for-design-build-procurements/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/iim-apd-2-organizational-conflict-of-interest-guidelines-for-design-build-procurements/