Speed Act Permit Type Storage Tanks

INVITATION FOR BID FOR SPEED PROGRAM

CHAPTER 245 STORAGE TANKS SITE-SPECIFIC INSTALLATION PERMITS

I. SCOPE OF WORK

A. Background

The Department of Environmental Protection (DEP) is seeking to engage Qualified Professionals to review permits on an expedited basis as part of the SPEED Program, established in Article XVIII, §§1803-1805 of Act No. 54 of 2024 (SPEED Act), as amended.

The Streamlining Permits for Economic Expansion & Development (SPEED) Program provides third-party applicants with the opportunity to engage a Qualified Professional to conduct an expedited review of their permit application. Applicants must specifically request that DEP engage a Qualified Professional to conduct an expedited review of their permit application. Upon such request, DEP will engage the Qualified Professional via a Project Work Order.

Bidders may be individuals or business entities with one or more employees that meet the criteria set forth below to be considered a Qualified Professional for the SPEED Program.

All work must be completed in accordance with the requirements set forth in this Scope of Work and its attachments and pursuant to the Contract Terms and Conditions and any other procedures required by DEP for the performance of the Services.

The SPEED Program is a novel approach to the review and issuance of permits by a Commonwealth agency. As such, this solicitation and the resulting contracts will vary slightly from traditional Commonwealth procurements. Your understanding of the requirements of this solicitation and the terms of any resulting agreement are imperative to the success of the program.

B. This Scope of Work is for the review of Storage Tanks Site-Specific Installation Permit (SSIP) applications submitted for approval for conformance with applicable storage tank regulatory requirements, and sound engineering principles and practices. Storage Tanks SSIPs are required under 25 Pa. Code Chapter 245 prior to the construction, reconstruction or installation of one or more of the following:

1. New aboveground storage tank systems with a capacity greater than 21,000 gallons at an existing large aboveground storage tank facility.

2. New large aboveground storage tank facilities.

3. New highly hazardous substance tank systems.

4. New underground field constructed storage tank systems not installed within a previously registered underground storage tank system.

C. The selected Qualified Professionals will be required to provide the following services when requested by applicants through the DEP.

1. Review permit applications including all related components required for each permit authorization.

2. Identify deficiencies in permit applications within established review timeframes set by DEP. Guidance documents, review checklists, and templates to be used by awarded bidders are attached to this IFB for reference.

3. Communicate and coordinate directly and regularly with permit applicants and DEP to resolve deficiencies identified during the review process.

4. Provide DEP with a draft deficiency letter, using templates provided by DEP. The letter must include detailed explanations of permit deficiencies along with statutory and regulatory citations to support each deficiency assertion.

5. Provide DEP with a Recommendation Report using templates provided by DEP to document the review and recommended action. The documentation must include detailed explanations and statutory and regulatory citations for all technical deficiencies to support the recommended action. The report must be reviewed, signed, and sealed by a Professional Engineer, Professional Geologist, or Professional Land Surveyor, as required by law. The recommendation report should be a professional, high-quality report prepared for DEP staff to review as part of a determination of final action for each assigned review.

6. Provide DEP with a draft public notice to be posted in the Pennsylvania Bulletin, using templates provided by DEP.

7. Provide draft public comment response documents in addressing public comments. For any project receiving significant public interest and having a public hearing, the Qualified Professional shall prepare draft responses for a Comment and Response Document following the “Policy on Public Participation in the Permit Review Process,” which is located in the DEP eLibrary (pa.gov).

8. The Qualified Professional may be required to appear as a fact witness in hearings and court actions involving technical matters related to the assigned project. If expert witness testimony is required, a separate agreement will be required to be entered into between the Qualified Professional and DEP.

II. QUALIFICATIONS

A. The following criteria must be met to be considered a Qualified Professional for the SPEED Program:

1. Be employed as a professional engineer, professional geologist, land surveyor, or other environmental professional with license or certification that may be required by law for such profession.

2. Hold any additional licensing or certification if required by law to review permit applications.

3. Have five years of relevant permitting experience in this Commonwealth as described in more detail in the Prior Experience section below.

4. Agree to be responsible for the qualified professional’s costs if the qualified professional does not perform the initial review according to the timeline and other requirements of §1803(h) of the SPEED Act.

5. Meet the additional criteria listed below in the Special Qualifications Section.

B. Qualified Professionals for the SPEED Program shall not:

1. Have been convicted of, or pled guilty to an environmental crime, or a similar or related criminal offense under federal or state law; or a crime involving fraud, theft by deception, forgery or a similar or related criminal offense under federal or state law;

2. Have had a professional license revoked by a state licensing board or any other professional licensing agency within the previous ten years; or

3. Have performed services for the applicant within three years of the date of submission of the permit application; and may not have any other conflict of interest that may prohibit the qualified professional from performing the initial review.

C. Special Qualifications to review Storage Tanks SSIP Permits:

1. Any geotechnical analysis, engineering analysis, or geological considerations within the permit application must be reviewed by a Pennsylvania registered Professional Engineer (P.E.) or Pennsylvania registered Professional Geologist (P.G.).

2. Any construction design criteria and engineering specifications necessary to mitigate surface or subsurface conditions which may result in excessive storage tank system settlement or unstable support of the proposed storage tank systems must be reviewed by a Pennsylvania registered Professional Engineer (P.E.).

D. Required experience and expectations for the review of Storage Tanks SSIP Permit Applications:

1. Capable of independently conducting advanced detailed reviews and analyses of plan approval applications and associated design calculations and reports submitted for approval.

2. Possess advanced working knowledge of the latest DEP publications, including, but not limited to, permit applications, forms, modules, implementation tools (e.g., spreadsheets), and guidance.

3. Possess advanced working knowledge of Administration of the Storage Tank and Spill Prevention Program 25 Pa. Code Chapter 245.

4. Possess advanced working knowledge of Spill Prevention and Response Plans as outlined in sections 901 – 904 of the Storage Tank and Spill Prevention Act, P.L. 169, No. 32 and 25 Pa. Code § 245.232 (b)(1).

5. Possess advanced working knowledge of siting requirements as outlined in 25 Pa. Code § 245.234. The qualified professional must be able to identify 100-year floodplain areas and identify if a tank system or facility is proposed in a mapped wetlands area. Working knowledge of permitting requirements under 25 Pa. Code Chapter 105 may be necessary if a facility is proposed for a wetlands area. If geological considerations are incorporated into the application, including assessment of carbonate bedrock or areas where deep mining occurred, a Pennsylvania registered P.G. or P.E. may need to assess construction design or engineering specifications as appropriate.

6. The qualified professional will be required to determine if proposed tank systems may have any potential adverse impacts on the environment and public safety and if so, if mitigation efforts proposed by the applicant are eliminating potential effects. In support of this the qualified professional should have working knowledge of the following:

• Use of the eMAP PA Tool and the Pennsylvania Groundwater Information System (PAGWIS) database. These tools are vital in determining the existence of community and private water supplies in the vicinity of the project. The eMAP PA Tool can also be used to identify areal watersheds that are designated as High Quality or Exceptional Value in 25 Pa. Code, Chapter 93.

• The Pennsylvania Natural Diversity Inventory (PNDI) Environmental Review Tool, which may be utilized in determining any potential impacts to endangered or threatened species.

• PA-SHARE (the PA Historical and Museum Commission’s online tool) for determination of impacts to historical or cultural resources.

• USDA Web Soil Survey, to determine if soil type in the project area could be considered prime farmland.

7. Informally communicate with and obtain additional information from applicants when applications are incomplete or in need of clarification.

8. Prepare technical deficiency letters for DEP review and signature which conform to DEP requirements pertaining to assigned applications and which clearly and completely, yet concisely, explain the respective deficiencies, as well as the nature of the response required to satisfactorily address these deficiencies.

9. Have a working knowledge and ability to use DEP eFACTS system.

10. Review comments submitted during the public comment period and prepare

draft responses for review by DEP.

11. A resume for each Qualified Professional that will perform the services under the contract should be included with your bid. The resume(s) should include all information needed to determine that the individual meets the required qualifications set forth in this IFB. Additionally, the resume should include a list of permits or applications the professional has worked on in the past five years, if any.

III. PROJECT WORKFLOW REQUIREMENTS & EXPECTATIONS

You will be required to operate within the time frames and parameters of the workflow described below. Non-responsiveness or failure to adhere to these expectations will result in DEP soliciting quotes from another contractor. DEP reserves the right to modify this process in the future as need to serve the best interest of the Commonwealth and achieve the objectives of the SPEED Program.

1. When an applicant seeks to utilize the services of a Qualified Professional as part of the SPEED Program, DEP will contact certain qualified contractors to provide quotes. The Qualified Professional will have 2 business days to respond to DEP with their willingness to provide a quote.

2. If the Qualified Professional indicates that they are willing to provide a quote, DEP will provide them with the permit application submitted by the applicant. The Qualified Professional will have 5 business days to provide a quote for the applicant’s consideration.

3. If the applicant accepts the Qualified Professional’s quote, the Qualified Professional will be required to attend a pre-submission meeting between the Qualified Professional, DEP, and the applicant to discuss further details of the project and to finalize the details of the Project Work Order. All Project Work Orders will detail the scope of the review, the expected timeline for permit review, and the quoted cost.

4. You will be required to submit a certification of non-conflict for the Qualified Professionals assigned to the Project. If any new Qualified Professionals are added to the project, a non-conflict certification will have to be provided for each person added.

5. Upon receipt of the no-conflict certification, the Qualified Professional will be issued a Notice to Proceed by the Department and the timeline for review will begin. A Notice to Proceed will not be issued and the Qualified Professional will not be permitted to begin work if the applicant has not deposited the quoted amount of funds with the Commonwealth.

6. The initial review must be completed within 20 percent of the total review timeframe provided in the Project Work Order, or within a different timeframe agreed to between the applicant and DEP. If additional reviews are needed due to deficiencies, each additional review should be completed within ten percent of the total review timeframe provided in the Project Work Order. A maximum of two tolling periods (two additional reviews) are allowed under this program. 

7. Upon submission of an acceptable Recommendation Report, DEP will release the applicant’s funds to the Qualified Professional in the quoted amount. The Qualified Professional will not provide invoices in order to receive payment. In no event will the Qualified Professional receive payment in an amount that exceeds the amount stated in a Notice to Proceed.

8. The Qualified Professional may be expected to provide witness testimony in permitting actions that may arise from a permit they have reviewed. The Qualified Professional cannot be compensated for any witness testimony with the funds used for the SPEED Program. If their testimony requires compensation, a separate agreement will need to be entered into between the Qualified Professional and DEP.

IV. DEPARTMENT CONTACT

Questions regarding bidding procedures should be directed to Brian Franklin, phone: 717.787.2471, email: brfranklin@pa.gov.

V. BID SUBMISSION

This solicitation will remain open indefinitely or until DEP determines that it is in its best interest to close the solicitation. The solicitation will remain open, and DEP will continue to accept bids on a rolling basis.

In the event that there is an overwhelming number of bids submitted at any given time, DEP reserves the right to implement a black-out period where bidding will be paused so that DEP can process incoming bids and issue resulting contracts.

All bids must be submitted electronically via email to the following email account: RA-EPSPEED@pa.gov. The subject line of the Qualified Professional’s submission must clearly state the title of this IFB. If Qualified Professionals are responding to multiple IFB’s related to the SPEED Program, they must submit a separate email for each one.

A complete bid package must include the following:

1. Documentation as requested in Section II to support the evaluation for all Qualified Professionals included in their bid.

2. Completed Cost Sheet

3. Properly signed Bid Sheet with all required fields filled out.

Incomplete bids will be rejected outright.

All bidders must register as a vendor in the Pennsylvania Supplier Portal. DGS’s Supplier Service Center (https://www.dgs.pa.gov/Materials-Services-Procurement/Supplier-Service-Center/Pages/default.aspx) is available to assist vendors with registration, and account management. For questions regarding registration help, send an email to RA-PSC_Supplier_Requests@pa.gov or call 877.435.7363, choose option 1.

VI. BID AWARD AND CONTRACT TERMS

Contracts will be awarded to all bidders that DEP determines meet the requirements to be registered as Qualified Professionals for the SPEED Program. All awarded contracts will be effective for period of two years. At the discretion of DEP, the contracts may be renewed for three additional one-year terms.

Cost will not be a factor in determining bid awards. Cost may be one of several factors that will aid DEP in determining which Qualified Professionals to issue Project Work Orders to under this agreement. It should be noted that the SPEED Act requires that DEP publicly post all Qualified Professionals awarded contracts and provide their given rates for these services.

The Contract Terms and Conditions included with this IFB as Attachment A are non-negotiable. The submission of the bid is considered to be an acceptance of these terms as written. Scope of Work, price, and timelines will be the only terms included in the Project Work Orders. All Project Work Orders will be subject to the Terms and Conditions included with this IFB. No additional terms will be permitted to be included in any Project Work Order without the explicit approval of DEP, Office of Chief Counsel and any additional Commonwealth approval that may be required.

   

VII. ADDITIONAL REQUEST FOR INFORMATION

This Procurement does not include any requirements that bidders or their subcontractors meet small and diverse business requirements. However, if bidders meet the requirements to be certified as a Small Business, Small Diverse Business, or Veteran Business Enterprise they are encouraged to certify as such with the Commonwealth of PA Bureau of Diversity, Inclusion, and Small Business Opportunities (BDISBO). Please refer to the BDISBO website at: Small Diverse Business Program for more information about becoming self-certified and ultimately verified as a small/diverse business in Pennsylvania. The Small Business Application Guide is also attached to this IFB.

VIII. ATTACHMENTS

The following attachments are incorporated as part of this IFB and will be considered a material part of any contract awarded in response to this IFB. DEP reserves the right to modify these attachments at any point during the term of the contract.

Attachment A: Contract Terms and Conditions

Attachment B: Small Business Application Guide

Attachment C: Final Technical Guidance Documents

Attachment D: Operational Template Documents for Chapter 245 Storage Tanks SSIP Permitting