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Proposal & Bid Notice Details:


DEPARTMENT OF GENERAL SERVICES (DGS)

DEPARTMENT OF GENERAL SERVICES (DGS)-SOQ-OS 2023-02-FOR, ENERGY ENGINEERING OWNER'S REPRESENTATIVE RETAINER SERVICE STATEWIDE PROJECT (Full Version w/Map).


Project Specs:

Notice ID #: 8478

Bid Date: 01/11/2024

Type Of Notice: Request for Qualifications
Location: CA: Sacramento

Valuation($): $1,500,000.00.

BDOQ: DVBE, SBE

Contact: See Notice Summary for details on how to respond to this notice.


Notice Summary:

Request for Qualifications (RFQ)

Department of General Services

Office of Sustainability

 

The Department of General Services (DGS), Office of Sustainability (OS) is requesting Statements of Qualifications (SOQ) from Architectural and Engineering firms, pursuant to Government Code §4525 et. seq.

 

I.  
PROJECT DESCRIPTION
OS 2023-02                                       

ENERGY ENGINEERING OWNER'S REPRESENTATIVE RETAINER SERVICES
DEPARTMENT OF GENERAL SERVICES (DGS)
STATEWIDE

 

This solicitation is to establish retainer agreements with qualified firms to be used on as-needed basis by OS for three available regions in California. One contractor shall be selected per region, and the same contractor can be selected for more than one region. Successful firms may be awarded up to a maximum multi-year $1,500,000.00 agreements, up to five (5) years, on a fixed rate basis. Task orders for the retainer agreement for specific projects will be prepared on an as needed basis, if state funds are available. The scope of services and total fee for individual task orders will be negotiated utilizing the rates specified in the retainer agreement. The State does not guarantee any task orders will be made under the agreements during the contract period to the selected firms(s).

 

II.        SCOPE OF SERVICES

 

The successful firm shall provide design and/or management services, and additional services as required. The firms shall have demonstrated expertise in providing third-party owner’s representative engineering consulting services on behalf of public agencies in the pursuit of ESPCs. The Contractor shall provide Third-Party Consulting (TPC) services in support of Energy Savings Performance Contracts (ESPCs). Support will begin with planning for ESPCs and continue through the procurement of ESCOs, oversight of the Investment Grade Audit (IGA), implementation & design oversight,  and may continue through the annual Measurement and Verification (M&V) Reports. Each firm shall have on staff experienced individuals working in the Energy Savings Performance Contracting (ESPC) industry with the various licenses & certifications described herein. Services may include evaluation of operational performance of various buildings and building systems including lighting, electrical and mechanical systems. Collection and analysis of operational and performance data, peer review of reports, plans, recommendations, proposals, submittals including but not limited to ASHRAE Level 1, 2 & 3 Energy Audits, Measurement and Verification Plans/Reports, equipment submittals, plans & specifications of energy systems, commissioning plans and reports, etc. All design work shall be performed under and be approved by an architect or engineer licensed in the State of California.

 

Contractor will provide professional third-party consulting for Energy Savings Performance Contracts (ESPCs) on an "as-needed" basis. Contractor shall be experienced in:

  • Performance evaluation of new and existing facility mechanical, electrical, plumbing and control systems.
  • Building technologies, systems and operations.
  • Energy, energy efficiency, and energy renewable technologies.
  • Water and sewer efficiency technologies.
  • Renewable Energy, Battery Energy Storage Systems (BESS), and Resilience
  • Federal and California State regulations as applied to energy systems.
  • Engineering economics and financial analysis of systems.
  • Performance data collection and engineering analysis.
  • Providing technical, financial, and contractual support for the review of ESPC Preliminary Assessments for project credibility.
  • Provide technical, and contractual support for the development of Requests for Proposals for Energy Services Companies and Evaluation of RFQ and RFP responses.
  • Provide technical, and contractual support for the negotiation of Investment Grade Audit Agreements (IGAAs) between the State and the ESCO.
  • Provide technical support before, during, and after the Investment Grade Audit (IGA) Kickoff meeting.
  • Providing technical support during the development and implementation of projects,
  • Providing technical support during the post-award and construction period phases, including design and submittal review, inspection of ECM installation, post-installation, witnessing of commissioning, and project acceptance activities. The Third-Party Consultant may conduct site visits, if directed by DGS, to provide consultative support under this task.
  • Provide technical support during the measurement & verification process (Post-Installation Performance Period) to review M&V findings for accuracy and compliance with contractual ESPC documentation.

 

 

III.        MINIMUM REQUIREMENTS

 

Firms that are interested in providing professional services for this contracting opportunity shall submit the following information in 8.5” x 11” format (11-point font or greater) with each of the numbered sections and should not exceed 100 pages. Firms shall ensure that their written responses indicate how they meet the Selection Criteria. The document shall be in PDF format and should be bookmarked with navigation heading labels outlined.

 

Submit one (1) electronic copy as detailed below:

 

1. Letter of interest that includes the Federal Identification Number (FEIN) of the firm, the region(s) of interest, and the person authorized to negotiate and sign all agreements.

 

2. Executive Summary (2 pages maximum).

 

3. Federal Form SF330 (“Architect-Engineer Qualifications”) Parts I & II for your firm, and Federal Form SF330 Part II for any proposed sub-contractors. The current revision of these forms is available on the GSA Webpage for SF330.

 

a. For each resume, firms may supplement the Form 330 (no more than one supplemental page per person) with further information on each individual’s proposed project assignment and responsibilities, their specific professional experience related to this assignment, and their current work assignment(s) and projected completion dates.

 

4. Written statement of the firm’s qualifications that is responsive to the selection criteria below. Firms shall respond in writing indicating how they believe their qualifications fulfill the requirements of these criteria. Firms must respond to each numbered criterion with complete and organized responses.

 

5. Additional Required Documents

 

a. Current Statement of Information (can be obtained on the California Secretary of State’s website). If operating under a fictitious business name, provide all supporting documentation (i.e. fictitious business name statement certified by the appropriate county clerk).

 

b. Contractor shall have at least one verified Professional Engineer. Verification of California license for Professional Engineers (can be obtained on the Department of Consumer Affairs website). Contractor shall have at least one (1) personnel for each of the following certifications: AEE Certified Measurement & Verification Professionals (CMVP), and AEE Certified Energy Managers (CEMs). These minimum requirements may be met by the firm’s collective team and all certifications are not required for each Key Personnel.

c. Completed and signed California Civil Rights Laws Attachment, available on the website link to the Civil Rights Laws Attachment Form

 

d. Proof of current registration with the California Department of Industrial Relations as a Public Works Contractor for the firm submitting SOQ, and subs. Website link to the DIR Contractor Registration Search.

 

e. Darfur Contracting Act Certification. Website link to the Darfur Contracting Act Certification Form.

 

f. Iran Contracting Act Certification. Website link to the Iran Contracting Certification Form.

 

g. The Bidder’s Declaration Form (GSPD-05-105). This form documents subcontracted services. The Website link to the GSPD-05-105 Form.

 

The State encourages Small Businesses and Disabled Veteran Business Enterprises participation.

To locate certified firms for subcontracting purposes, start on Cal eProcure. Website link to CaleProcure. Click on “Small Business / Disabled Veteran Business Enterprise,” then “Search for Certified SB/DVBE Firms.” In the Certification Type, select any combination of Micro Business (MB), Small Business (SB), or Disabled Veteran Business Enterprise (DVBE).

Additionally, there are fields that allow for a narrowing of the search. In the UNSPSC Classifications field, a search can be conducted in which the words “architectural” or “engineering” are used. If, for example, the UNSPSC Classification for Architectural Engineering (81101508) is selected, in addition to Disabled Veteran Business Enterprise (DVBE), Service Area (County) Sacramento (34), a number of DVBE certified firms that associate with the Architectural Engineering category are shown.

If you feel your company or your subcontractor qualifies as either, visit the website link to DGS SB & DVBE for more information or call OSDS at (916) 375-4940 for further information.

Please note that no preference in the qualifications category can be given to Small Business firms under the contracting law set up for professional services contracts (Architectural, Engineering, Environmental Services, etc.). Procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Government Code Section 14837.

 

  IV.        SUBMISSION INFORMATION AND DEADLINE

 

Submittal Deadline: Thursday, January 11, 2024, at 5:00 P.M.

 

One electronic Statements of Qualifications (SOQs) must be uploaded (in PDF format) by the submitting firm to the following DGS Box.com site: https://dgscloud.app.box.com/f/f73bd629bcda403484f24a83de52dc86

 

    V.        SELECTION CRITERIA

 

Submitted SOQ packages will be evaluated on the areas listed below.

 

1. Experience of Firm

Professional experience of the firm in relation to the work to be performed.

  • List each person with their role and credentials for all staff identified as a part of this proposal.
  • Demonstrated experience providing 3rd Party ESPC Consulting services for various ESPC markets including government entities.
  • Experience of subcontractors in relation to the work performed, if applicable

 

2. Experience of Principals

Professional experience and licenses of the principals to be assigned to the project.

  • List the Principals to be assigned to and involved with the project.
  • List of relevant projects they have managed or have been involved with (if applicable).

 

3. Experience of Key Personnel

Professional experience and training of key personnel.

  • List staff’s relevant experience, education, licensing, certification, and training.
  • The collective list of proposed Key Personnel must include at minimum two (2) of each of the following certifications: Professional Engineers (PE), DOE-Certified Project Facilitators (DOE PF), Certified Measurement & Verification Professionals (CMVP), and Certified Energy Managers (CEMs). These minimum requirements may be met by the collective team and all four (4) certifications are not required for each Key Personnel.

 

4. Resource Availability

  • Firm’s resource availability and demonstrated ability to meet deadlines and produce timely required deliverables. SOQs should demonstrate reliability of firm and continuity of firm’s staff and sub consultants.
  • Location of firm office(s) for project coordination and services.

 

5. ESCP Third Party Consulting Services Experience

  • Firm’s demonstrated experience in the scope of services.
  • Firm shall demonstrate at least ten (10) years of ESPC Third-Party consulting experience.(qualifying experience is experience working primarily for Owner’s. Experience as Energy Services Companies (ESCOs) or subcontractors to ESCOs shall not be considered as qualifying experience for this criteria)

 

Firms SOQ will respond in writing showcasing how their experience fulfills the requirements of the above criteria.

 

  VI.        CONTRACT ADMINISTRATIVE PROCESS

 

Firms will be selected on the basis of written responses to this RFQ and an oral interview.

 

Submittals will be evaluated and scored based upon the above selection criteria for those firms who have complied with the minimum qualification requirements.

 

Typically, three firms with the highest scores will be selected for the “short list.” These firms will be invited for an interview and asked to make an oral presentation on their firm and its qualifications and experience.

 

Upon completion of all interviews, a single firm will be selected for each region. Regions are identified in Attachment A to this RFQ. The selected firms will be asked to submit a fee proposal specifying the hourly rates for specific classifications of employees, subcontractors, and/or services to be provided. The State and each firm will enter into negotiations to create fixed rates. In the event that a satisfactory agreement cannot be negotiated, the State will terminate negotiations with that firm and begin negotiations with the next ranked firm, and so on, in that region. After successful negotiations, a contract will be awarded and executed. The State does not guarantee the amount of services being requested from each firm, and may utilize services from firms in other regions on an as needed basis (example: if a firm is unavailable to provide the work or the State and the firm cannot agree on a per project costing).

 

The State reserves the right to terminate the selection proceedings at any time.

 

Ten percent (10%) percent retention will be held for all progress payments made to consultant. When the estimated amount to be retained exceeds ten thousand dollars ($10,000.00), and the retention continues for a period of 60 days beyond the completion of phased services, upon written request and at the expense of the consultant, the State will pay the retentions earned directly to a state or federally chartered bank in this state, as the escrow agent. Website link to Public Contract Code § 6106.5. Visit the website link for Public Contract Code § 6106.5 (e) for further requirements pertaining to sub-consultants.

 

 VII.        TASK ORDER PROCESS

 

Following successful negotiations and contract award with firm, in order to authorize work under the retainer agreement, a task order shall be issued and signed by both parties. Task orders shall be utilized to authorize work under the retainer agreement so long as (i) the task order does not exceed the scope of work set forth in the retainer agreement, and (ii) the task order does not amend any terms of the retainer agreement.

 

Task orders shall only be issued during the first thirty-six (36) months of the term of the retainer agreement as defined in Section 2 of the Std. 213. The first thirty-six (36) months of the agreement will be referred to as “phase 1 - active phase”.  During the last twenty-four (24) months of the term of this agreement as defined in Section 2 of the Std. 213, only work authorized under task orders issued during Phase 1-Active Phase will be completed. The last twenty-four (24) months of this agreement shall be referred to as “phase 2 - completion phase” At the sole discretion of the State, a task order may be issued during phase 2 - completion phase to the extent necessary to complete work authorized during phase 1 - active phase.

 

a.    Task Order Issuance:

 

1. Work pursuant to the retainer agreement will be authorized utilizing task orders.

2. After work to be performed under the retainer agreement is identified, a task order will be prepared. The task order will identify the scope of services, project deliverables, budget and project schedule. The task order shall designate a DGS Project Director or Manager.

3. Task orders shall be negotiated for a firm fixed price based on the rates identified in the executed retainer agreement.

4. Contractor will not commence work pursuant to a task order prior to receipt of an executed task order.

5. Contractor shall not be entitled to payment for any work prior to the receipt of an executed task order.

6. Work authorized pursuant to a task order shall be completed in accordance with the schedule identified in the task order.

7. The total amount payable by DGS for work authorized shall not exceed the amount agreed to in the task order.

 

VIII.        TASK ORDER COMPENSATION

 

It is understood and agreed that $1,500,000.00, unless amended, is the total amount that may be authorized pursuant to the retainer agreement, and that the actual amount of work requested by the State may be less. The State provides no guarantee, as to the actual dollar amount that will be authorized under the retainer agreement. In no event shall task orders, be issued that will exceed the maximum agreement amount.

 

  IX.        Labor Compliance Monitoring & Enforcement Program - Contractor Registration

 

Pursuant to Labor Code § 1725.5, contractors must register with the Department of Industrial Relations (DIR) as a public works contractor to bid on, be listed in a bid proposal or engage in the performance of any public works contract. The application also provides agencies that administer public works programs with a searchable database of qualified contractors. Application and renewal are completed online DIR Contractor Registration Info Page. The current annual fee can be located on the DIR website. The registration period coincides with the fiscal year.

 

Firms submitting Statements of Qualification must list their Department of Industrial Relations (DIR) registration number, as well as the DIR registration number for each listed subcontractor. Which subcontractor is assigned to each registration number must be clear. If a coverage determination has been provided by DIR, the coverage determination letter may be submitted in lieu of a DIR registration number.

 

All A&E contractors and subcontractors shall be required to comply with the monitoring and enforcement program, including, but not limited to, contractor registration, submittal of electronic certified payroll reports (eCPRs) directly to the DIR as applicable and cooperation with on-site monitoring by DIR personnel if the work performed is covered by prevailing wage laws. Not all work performed by an A&E Firm or its subcontractors are covered by prevailing wage laws. Refer to Labor Code § 1771.4 et seq. and the website link to the Prevailing Wage Requirements.

 

    X.        Prevailing Wages

 

Pursuant to Labor Code Section § 1774, the contractor and any subcontractors, regardless of tier, shall pay not less than the specified prevailing wage rates to all workers employed in the execution of the agreement. Website link the Labor Code Section § 1774.

 

Copies of the prevailing rate of per diem wages are on file at the Department of General Services, which shall be made available to all interested parties. Additionally, these prevailing wage rates are available on the DIR website. Website link to the DIR Prevailing Wage Determination page.

 

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

 

  XI.        ECONOMIC SANCTIONS

 

Firms submitting an SOQ must be advised of Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order (EO) N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a SOQ, the submitting firm represents that it is not a target of Economic Sanctions. Should the State determine the submitter is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Bidder’s SOQ any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.   

 

 

 XII.        QUESTIONS

 

All technical questions should be directed to Courtney Bonas, Project Director, at courtney.bonas@dgs.ca.gov.

 

All questions regarding the submission of SOQs should be directed to Jessica Leach-Simon, Contracts Analyst, at jessica.leachsimon@dgs.ca.gov. You may also contact Nora Sandstedt, Contracts Technician, at nora.sandstedt@dgs.ca.gov.

 


ATTACHMENT “A”

 

Retainer Services Contract Regions



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