PROPOSAL:

Execute Contract to Provide Technical Advisor Services to the MSRC in Support of the AB 2766 Discretionary Fund Program

SYNOPSIS:

On March 14, 1997, the MSRC released an RFP for technical advisor services in support of the AB 2766 Discretionary Fund Program. Two proposals were received by the April 16, 1997 deadline. A subcommittee, consisting of four MSRC-TAC members, one AQMD staff member, and one independent reviewer, evaluated and scored both proposals. Based on the RFP criteria, including technical experience and cost-effectiveness, the MSRC unanimously recommended awarding the contract to Raymond J. Gorski. This action is to request Board approval to execute a contract with Raymond J. Gorski for an amount not to exceed $115,200. This was reviewed by the MSRC on May 22, 1997, and recommended for approval.

COMMITTEE:

MSRC, May 22, 1997, Unanimously Recommended for Approval

RECOMMENDED ACTION:

Authorize the Chairman to execute a contract with Raymond J. Gorski as the Technical Advisor to Provide Technical Advisor Services to the MSRC in Support of the AB 2766 Discretionary Fund Program in an amount not to exceed $115,200 based on 1,920 labor hours for FY 1997-98, with discretion by the MSRC and AQMD Executive Officer to extend for three additional one-year periods.

John Longville
Chairman, MSRC

Background

Assembly Bill 2766 (Health & Safety Code 44244), which became effective January 1, 1991, provides that 30 percent of an annual $4 vehicle registration fee subvened to the AQMD be placed into an account to be allocated pursuant to a work program developed and adopted by the MSRC and approved by the AQMD Governing Board. AB 2766 also provides that 5% of the annual motor vehicle fees subvened into the Discretionary Fund are allowed for administrative costs of the program.

Currently, the MSRC has approximately 75 open contracts and anticipates entering into 30-40 additional contracts as part of the FY 1997-99 AB 2766 Discretionary Fund Work Program, the solicitation process for which began in April. The need for independent, objective technical advice and support to the MSRC is necessary to maintain continuity and success of the Program. On March 14, 1997, the MSRC obtained Governing Board approval to issue RFP #9697-40 for technical advisor services. The successful bidder would enter into a one-year contract to provide support for FY 1997-98, with an option to renew the contract for three additional one-year periods. A review of the Technical Advisor’s performance will be conducted by the MSRC in conjunction with AQMD staff prior to renewing the contract each of the three years.

Outreach

More than 320 consulting firms throughout the four-county area within and beyond the AQMD’s jurisdiction were identified and sent a copy of RFP #9697-40 with an additional half dozen mailed to interested parties who requested the RFP through the MSRC’s toll-free line (1 800 HLP-2766). In accordance with the AQMD’s Consulting and Contracting Policies, a public notice advertising the RFP and inviting bids was published on March 19 and 26, 1997, in the following publications throughout the Basin, in conjunction with other AQMD contracting opportunities: The Black Voice News, Chinese Daily News, Eastern Group Publications, El Chicano, The Excelsior, Inland Hispanic News, Inland Valley Daily Bulletin, Korea Central Daily, La Opinion, La Voz, Los Angeles Sentinel, Los Angeles Times, M/W/DVBE Source, Orange County Register, Philippine News, Precinct Reporter, Rafu Shimpo, Riverside Press-Enterprise, San Bernardino Sun, and California State Contracts Register. Copies of the RFP were also mailed to the Black and Latino Legislative Caucuses and a variety of minority chambers of commerce and business associations and provided to the AQMD’s Ethnic Community Advisory Group for dissemination to their constituents. Finally, the RFP was placed on the Internet at the AQMD’s Web site [http://www.aqmd.gov] and the AQMD’s bidders’ 24-hour telephone message line (909 396-2724).

Bid Evaluation and Panel Composition

Two proposals were received in response to the RFP when final bidding closed at 5 p.m., Wednesday, April 16, 1997, from the following:

• OceanAir Environmental, an environmental services company;
Fully Burdened Labor Rate: $85 per hour

• Raymond J. Gorski, an independent consultant;
Fully Burdened Labor Rate: $60 per hour

A subcommittee was formed to evaluate and score both proposals, the members of which consisted of the following:

• Four MSRC-TAC Members:
      Annabel Cook, representing SCAG;
      Michelle Kirkhoff, representing SANBAG;
      Dee Allen, representing City of Los Angeles; and
      Doug Kim, representing Los Angeles County Metropolitan Transportation Authority
• One AQMD staff member: Larry Rhinehart, Intergovernmental Affairs Director
• One Independent Reviewer: Council Member Lee Ann Garcia, City of Grand Terrace

The Subcommittee included three Caucasians (two female, one male), one African-American (female), one Hispanic (female), and one Asian-American (male). Based on the RFP criteria (see Attachment 1), the overall average evaluation scores were as follows:

OceanAir Environmental   65.2
Raymond J. Gorski           89.5

On May 22, 1997, based on the evaluation scores and cost-effectiveness of the proposal, the MSRC unanimously recommended awarding the contract to Raymond J. Gorski.

Proposition 209 Compliance

It is AQMD policy to award additional points or cost benefits for minority-owned, woman-owned, and/or disabled veteran-owned business enterprises. On November 5, 1996, California voters approved Proposition 209 which prohibits discrimination or granting preferential treatment based upon race, ethnicity, color, sex or national origin in the operation of public employment, public education, or public contracting. (Proposition 209 does not address disabled veteran-owned business enterprises.) On December 16, 1996, the Federal District Court issued an order applicable to all government agencies in California prohibiting enforcement of Proposition 209. The December 12, 1996 court order has been reversed by an appellate panel; however, a motion for rehearing has been filed and the stay continues in effect. Therefore, the AQMD’s existing policy remains in effect. Should the status of the law change at any point during the process by issuing an RFP or RFQ or entering into a contract pursuant to a previously issued RFP or RFQ, the AQMD will abide by the law in effect at the time the action is taken any RFP or RFQ will be deemed modified to comply with existing law and any provisions in conflict with existing law will not be enforced.

Proposal

This action is to request Board approval to execute a contract with Raymond J. Gorski for an amount not to exceed $115,200 based on 1,920 hours at the fully burdened rate of $60 per hour. The RFP provides for the successful bidder to enter into a one-year contract to provide support for FY 1997-98, with an option to renew the contract for three additional one-year periods. (The RFP allows for a 3.5% cost of living increase of the fully burdened labor rate for each of the three additional one-year options.) A review of the Technical Advisor’s performance will be conducted by the MSRC in conjunction with AQMD staff prior to renewing the contract each of the three years. The MSRC also requests authority to execute the three additional one-year options at the discretion of the MSRC and AQMD Executive Officer.

Resource Impacts

Health & Safety Code Section 44243(2)(c) requires the AQMD to deposit the discretionary fund revenues "in an account to be used, pursuant to Section 44244, to provide grants to fund projects for the exclusive purpose of reducing air pollution from motor vehicles." Since the monies for these technical services will be drawn from this special fund, there would be no fiscal impact on the AQMD’s operational budget.

1 - Evaluation Scores
2 - RFP #9697-40 (Technical Advisor Services)

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