5-Addendum3 6000001251.pdf

January 18, 2023

SUBJECT: PERFORMANCE OF EXPERT PROFESSIONAL INTEGRITY

MONITORING SERVICES FOR PORT AUTHORITY FACILITY INFRASTRUCTURE

PROJECTS – AS REQUESTED ON A “CALL-IN” BASIS DURING 2023 THROUGH 2028

(RFP# 6000001251) - ADDENDUM # 3

The following questions were received from a Request for Proposals (RFP) recipients(s). The questions and the corresponding Authority answers are provided for your information and use, as appropriate.

Question1: If we are proposing as a single entity, per Submission Requirement D, do we need to provide “multipliers” for all members of the team, including subconsultants?

Answer 1: See answer#7 in addendum #2.

Question 2: If we are proposing as a single entity, per Submission Requirement F, do we need to provide the hourly and billing rates of all personnel included in the proposal, including subconsultants?

Answer 2: See answer#7 in addendum #2.

Question 3: Regarding proposals in response to the Port Authority’s RFP# 6000001251, where should we indicate the billing and hourly rates for subconsultants?

Answer 3: See answer#7 in addendum #2.

Question 4: Can you please explain in more detail how a consultant will be selected for each specific Task Order? Would each Consultant selected as a member of the Call-In panel be required to submit proposal for each Task Order, or could a consultant choose not to submit a proposal at all for a Task Order? This is relevant to avoiding potential conflicts of interest that could arise.

Answer 4: See section VII in the RFP letter regarding the Task Order Solicitation Process. The Consultant can decline to submit a Task Order.

Question 5: What type of response is expected for letter L under section IV.

Answer 5: No response is expected as long as the selected Consultant(s) shall comply with the requirements of the Agreement.

Question 6: Could you please define “common-law joint venture”? Is any documentation needed to qualify?

Answer 6: See section IV letter C.1. of the RFP letter.

Question 7: If our firm proposes as a "common-law joint venture," do Subconsultants need to complete Attachment B or only the Prime Consultant?

Answer 7: Subconsultants are not considered as a common-law joint venture and do not need to complete an Attachment B. If a single-entity proposer cannot demonstrate that it meets all of the referenced qualifications, then the single-entity proposer may, with others, form a joint venture and request that the joint venture be deemed to be the Proposer (i.e., members of the joint venture may meet the qualification requirement collectively). If proposing as a common-law joint venture, then each firm part of the joint venture must complete the Attachment B.

Question 8: The RFP asks for “billing rates” for partners and “actual hourly rates” for all other billable employee. Since we are a legal firm, would it be acceptable to provide fully loaded hourly rates for our partners?

Answer 8: Yes, this is acceptable.

Question 9: Can we provide a range for fully loaded hourly rates for our partners?

Answer 9: It is your business decision on how you would like to provide your rates for your partners.

Question 10: As the Prime Consultant, may we also include rates for our Subconsultants? (We understand that it is not required but are not sure if it is allowed.)

Answer 10: No. See answer#7 in addendum#2.

Question 11: Is there a maximum billing rate or approved government hourly rate, or is this project subject to third-party pay?

Answer 11: There is no maximum approved hourly rate. However, should your firm be awarded an agreement, your firm would compete with other firms on the call-in list for task orders where cost would be considered as part of the selection process. See section VII of the RFP letter.

Question 12: Are the Integrity Monitor fees paid directly to the Consultant by the Port Authority and/or the states of New York and New Jersey, or is this third-party pay?

Answer 12: All invoices are paid directly to the Consultant by the Port Authority.

Question 13: Please advise if the pre-conference presentation is available for all attendees?

Answer 13: The Authority has attached the subject pre-proposal meeting’s presentation for your reference.

If you have any questions, please contact Mr. Thomas Lal at TLAL@panynj.gov mailto:TLAL@panynj.gov

REQUEST FOR PROPOSALS (RFP) FOR

THE PERFORMANCE OF EXPERT

PROFESSIONAL INTEGRITY MONITORING SERVICES

FOR PORT AUTHORITY FACILITY INFRASTRUCTURE

PROJECTS AS REQUESTED ON A “CALL-IN” BASIS

DURING 2023 THROUGH 2028.

Pre-Proposal Presentation

January 10, 2023

*For Information Purposes Only. Requests for Proposals will supersede any information included in this presentation.*

AGENDA

1. Introduction

2. Scope of Work - Joseph P. Piazza, Assistant Director, Office of Inspector General

3. M/WBE Policies – Earlyne Alexander, Business Development Executive, Office of Diversity, Equity and Inclusion

4. Insurance Requirements - Jasmine Suarez, Operations Manager, Treasury

5. Procurement Process- Thomas Lal, Solicitation Manager, Procurement Department

Scope of Work

Joseph P. Piazza

OFFICE OF INSPECTOR GENERAL

Office of Inspector General

• Law Enforcement Organization

• Police power in New York and New Jersey

• Criminal and administrative investigations

• Corruption, fraud, waste and abuse and other misconduct by Port Authority employees or third-party individuals or organizations doing business with the Port Authority

• Critical Component of OIG Fraud Prevention Program

• Prevent and detect fraud, waste and abuse on PA construction projects

• IMs serve as “eyes” and “ears” of OIG on these projects

• Visible presence serves as a deterrent to fraud, waste and abuse

• Establishes a strong anti-fraud message to contractors and others

• Provides real time response, advice and counsel to government officials and contractors on fraud prevention and other critical decisions

• Assists OIG in conducting investigations

Use of Integrity Monitors (IMs)

Functions

• Labor monitoring

• MWBE compliance

• Forensic auditing

• Forensic engineering

• Environmental compliance

• Safety compliance

Tasks

• Procedure and Process Review

• Design and Implement Controls to Mitigate

Identified Risks

• Records Review and Compliance

• Forensic Reviews and Oversight

• Investigations and Oversight

Use of Integrity Monitors (IMs)

Multi-discipline teams: Investigations, Auditing, Forensic Engineering, Legal, Environmental & Safety

Infrastructure Call-In Projects

• Currently identified infrastructure projects are at JFK

• Task orders will be issued for comprehensive IM services to cover specific projects

• No guarantee that all PA-funded infrastructure projects will be covered

• IM services will be on an “as-needed” basis

• For purposes of this solicitation, the estimated construction cost of these projects ranges from $10 million to $600 million

IM Services

Earlyne Alexander

OFFICE OF DIVERSITY, EQUITY &

INCLUSION

Office of Diversity, Equity and Inclusion Priorities and Standards

OPPORTUNITIES DIVERSITY CAPACITY BUILDING

POLICY OVERSIGHT COMPLIANCE

Maximize opportunities available for minority, women-owned, small and disadvantaged business enterprises

(MWSDBEs).

Promote Workforce Diversity in Port Authority and tenant business activities.

Offer capacity-building services for MWDSBEs/SDVOBs.

Initiate remedial plans to address deficiencies. Enforce compliance measures to ensure goals are met.

Implement reforms and develop agency policies.

Certification Programs

At the Port Authority of NY & NJ, we believe that our operations should reflect the diversity of our community. Our Board enacted the following participation goals:

20% Minority-owned business enterprises (MBE)

10% Women-owned business enterprises (WBE)

3% Service-disabled Veteran-owned businesses (SDVOB)

Specific ACDBE/DBE goals for federally assisted contracts are set in accordance with federal regulations.

M/WBE

SBE

SDVOB

AC/DBE

Good Faith Efforts

▪ Engage certified subcontractors before proposals are due:

• Identify MWBEs/SDVOBs from our database listing of certified firms;

• Advertise opportunities in local and minority periodicals, as well as on their project web site;

• Hold meetings and negotiate with certified subcontractors before due dates;

and,

• Submit a formal MWBE or SDVOB subcontractor Participation Plan together with the bid or proposal.

Read more about Good Faith Efforts HERE

Pre-award Expectations https://www.panynj.gov/content/dam/port-authority/pdfs/vendor-resources/Good-Faith-for-MWBE-Participation.pdf

Good Faith Efforts

• Set up procedures to ensure that compliance with MWBE/SDVOB participation goals is underway, and goals can be met;

• Ensure that the selected certified subcontractors are performing a

“commercially useful” function only the funds paid to MWBEs/SDVOBs and

DBEs that perform a commercially useful function can be counted towards the participation percentage goal; and,

• Update B2G with MWBE/SDVOB or DBE subcontractor payment reports.

Read more about Good Faith Efforts HERE

Post-award Expectations https://www.panynj.gov/content/dam/port-authority/pdfs/vendor-resources/Good-Faith-for-MWBE-Participation.pdf

Certification: Resources

• PA Website: www.panynj.gov/supplierdiversity

• Certification and to search for certified firms: https://panynj.diversitysoftware.com

• Certification Hotline: 212-435-7888

• Cert Help email: certhelp@panynj.gov

• We encourage firms seeking certification to also register with Procurement at www.paprocure.com to be considered for business opportunities and to fill out the

PSFQ to participate in A&E business opportunities.

http://www.panynj.gov/supplierdiversity https://panynj.diversitysoftware.com/ mailto:CertHelp@panynj.gov http://www.paprocure.com/

ODEI Compliance Contacts

Keith D. Wright

Director, ODEI

(201) 395-3933 kdwright@panynj.gov

Glenessa Gordon

Assistant Director, ODEI

(201) 395-3117 ggordon@panynj.gov

Earlyne Alexander

Business Diversity Compliance Manager

(201)395-3942 ealexander@panynj.gov

PORT/Security/Staff Departments

Beth Obispo

Business Diversity Compliance Manager

(212) 435-2156 bobispo@panynj.gov

AVIATION/ENG/PMO/WTC

Anthony Miller

Business Diversity Compliance Manager

(201) 395-3959 antmiller@panynj.gov

EWR/TEB/SWF

Carl Peters

Compliance Analyst

(201) 395-3960 cpeters@panynj.gov

LGA/JFK

Jorge Mercado

Compliance Analyst

(201) 395-3943 jmercado@panynj.gov

TB&T

Ocean Stokes

Compliance Analyst

(212) 435-5874 ostokes@panynj.gov

OSD/Staff Departments

Marilyn Feliz

Project Manager

(201) 395-3934 mfeliz@panynj.gov

SECURITY

mailto:kdwright@panynj.gov mailto:ggordon@panynj.gov mailto:ealexander@panynj.gov mailto:bobispo@panynj.gov mailto:antmiller@panynj.gov mailto:cpeters@panynj.gov mailto:jmercado@panynj.gov mailto:ostokes@panynj.gov mailto:mfeliz@panynj.gov

INSURANCE REQUIREMENTS

Jasmine Suares

TREASURY | RISK FINANCING

Insurance Requirements

• Commercial General Liability Insurance – $5 million per occurrence for bodily injury and property damage liability (Airside escorted $5 million, unescorted $25 million)

• Automobile Liability Insurance – $5 million per accident for bodily injury and property damage liability covering any auto, owned, non-owned, rented or hired automobiles . (Airside escorted $5 million, unescorted $25 million)

• Workers’ Compensation and Employers Liability Insurance – to statutory limits and in accordance with the requirements of law in the state(s) where work will take place, and Employer’s Liability Insurance of not less than $1 million for bodily injury by accident and $1 million for bodily injury by disease, and least bodily injury/disease of at least $1 million for each accident.

• Professional Liability (Errors and Omissions) – Insurance appropriate to the Consultant’s profession, with limit no less than $5 million per occurrence.

PROCUREMENT PROCESS

Thomas Lal

Procurement

Procurement RFP Solicitation Process

1. Proposer Requirements

2. Staff Qualifications

3. Firm Qualifications

4. Management Approach

5. MBE/WBE/SDVOBs Participation Plan

6. Cost – Multiplier(s) and Salary Schedule

7. Conflict of Interest

8. Standard Agreement

9. Attachment A – Scope of Work

10. Attachment B – Terms of Discussion

11. Attachment C – Company Profile

Proposer Tips

✓Know the name of the Procurement contact

✓Ask questions if you have any

✓Check for any addenda

✓Demonstrate how you meet the Proposer

Requirements

✓Be as specific as possible when describing what projects your staff and firm have worked on

✓ Include MBE, WBE and SDVOB subconsulting opportunities

After Proposal Process

• Debrief o Prepare your questions before the debrief o Discuss strengths and weaknesses in your proposal

• Transparency – Awards Page

• Monitor – Upcoming Solicitations

(including subconsulting opportunities)

Questions?

Thank You!