Additional_requirements_rev1.docx
DOCX document 23 KB Posted
- Attached to
- Anclote Road Stormwater and Roadway Improvements - Professional Engineering Services (PID 003897A)
- Solicitation number
- 26-0128-RFQ-CCNA
- Issued by
- Pinellas County, Clewiston City, Florida
About this file
This is an additional requirements document for a qualifications-based procurement by a Florida county for professional engineering services related to the Anclote Road Stormwater and Roadway Improvements project. The procurement is subject to the Brooks Act (40 USC 1101 et seq.) for the selection of architects and engineers and is funded through a State and Tribal Assistance Grant (STAG) from the U.S. Environmental Protection Agency under the Clean Water State Revolving Funds program. The county must prepare an environmental assessment compliant with the National Environmental Policy Act (NEPA), an Environmental Information Document (EID), and a Preliminary Engineering Report (PER) meeting EPA guidelines before funds can be awarded. The EPA recommends a 30-calendar-day advertisement period for this solicitation.
The procurement requires the county to make good faith efforts to solicit proposals from Disadvantaged Business Enterprises as mandated by 40 CFR Part 33, which is distinct from Minority Business Status designations. Profit negotiation must be conducted as a separate contract element, and compensation must be determined fair and reasonable under 2 CFR 200.320(b)(2)(iv). Geographic preferences are prohibited unless an adequate number of firms exist to compete for the contract. The contract must include a non-discrimination clause covering race, color, national origin, and sex, along with applicable requirements under 40 CFR Part 33. Prior to contracting, the county must verify all contractors through sam.gov for suspension and debarment status and maintain ongoing compliance checks. The county may seek an exemption from EPA pre-procurement reviews through the Best Practice Guide guidelines.
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Additional requirements
· This qualifications-based procurement is subject to the Brooks Act contained at 40 USC 1101 et seq. relating to the selection of architects and engineers (we just got dinged for CCNA NOT being the same as the Brooks Act for an FDOT project).
· The County needs to make good faith efforts to solicit proposals or quotes from Disadvantaged Business Enterprises as required by 40 CFR Part 33. This is not the same as Minority Business Status.
· EPA recommends 30 calendar days for the advertisement.
· Negotiation of profit must be a separate element of the contract. Per the Community Grants Procurement Guide “This provision also applies to “qualifications-based” procurement for Architectural and Engineering services where the price is not a selection factor as a means of ensuring that the compensation is fair and reasonable as required by 2 CFR 200.320(b)(2)(iv). In this situation, EPA may ask for more information regarding the contractor’s profit margin at a later date.”
· The procurement contract must contain the following term and condition: “The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.”
· A geographic preference may not be used, unless for A/E services IF there are an adequate number of firms to compete for the contract. 2 CFR 200.319(c)
· We may want to get an exemption from pre-procurement reviews by the EPA. This is found in the Best Practice Guide pg 12/13 2.d.
· Prior to contracting we need to check sam.gov and maintain those checks for suspension and debarment .
File details come from the government source that posted it. Updated .