RFP PREVAILING WAGE.pdf

Request for Proposal

Revised 12-20-2024

Ohio Department of Natural Resources

Prevailing Wage Compliance Services

Background Information: The Division of Engineering manages Capital projects for the Ohio Department of Natural Resources (ODNR), including Capital construction projects that are subject to prevailing wage requirements as defined by the Ohio Revised Code. Additionally, other divisions within ODNR are increasingly managing projects that meet State-determined thresholds for prevailing wage, necessitating prevailing wage compliance for those projects. The number, size and complexity of these projects led the Division of Engineering to determine that contracting with an external service specializing in prevailing wage compliance will allow the Division and ODNR to maintain a high level of compliance across all projects while preserving the Division’s ability to work with internal and external customers to complete projects in a timely manner. The Division of Engineering is seeking a firm to provide prevailing wage compliance services for all applicable Division of Engineering and ODNR projects.

Project Objective: The Division of Engineering is seeking a firm to provide prevailing wage compliance services for all applicable Division of Engineering and ODNR projects.

Scope of Work: The Ohio Department of Natural Resources (DNR) is looking for a firm to conduct Prevailing Wage responsibilities and requirements on its behalf for designated projects handled by the Division of Engineering and other divisions of ODNR under the oversight of the Division of Engineering Prevailing Wage Coordinator/Compliance Officer. The qualified awardee must possess experience in:

1. Administering prevailing wage projects in accordance with State and federal (Davis Bacon) prevailing wage laws,

2. Collecting, storing and processing prevailing wage documentation, including but not limited to Certified Payroll Reports (CPRs), payroll schedules, subcontractor declarations and fringe benefit packages,

3. Utilizing software to administer prevailing wage projects,

4. Assigning crafts and classifications to employees on prevailing wage projects,

5. Maintaining up-to-date prevailing wage rate notifications,

6. Providing excellent training and customer service,

7. Tracking contractor and subcontractor participation in State business development programs, such as the

Encouraging Diversity, Growth and Equity (EDGE) program, which is mandated by the State of Ohio, and

8. Assisting an agency with transitioning from previously used compliance software or programs, if needed.

The successful service provider will be capable of performing this work on behalf of the Division of Engineering and will demonstrate the capabilities to take on additional work as required, to assist the Division’s Prevailing Wage Coordinator/Compliance Officer with developing training materials for contractors, to preserve and store all submitted prevailing wage materials for set periods of time as defined by State and federal law, and to provide the ability to audit all submitted documentation if needed.

Deliverables:

1) Pre-Construction Phase: The awardee must perform all Prevailing Wage requirements after the Division issues a Notice to Proceed to a contractor, including, but not limited to:

a) Providing contractor training in prevailing wage compliance and in utilizing the selected firm’s software and/or programming to maintain prevailing wage compliance

b) Initiating a project file in the selected firm’s software and/or program,

c) Setting up crafts and classes, identifying and assigning prevailing wage rates, and

d) Collecting the following documents from the Contractor and Subcontractor(s).

i) Payroll schedule(s)

ii) Subcontractor and Supplier Material Declaration

iii) Prevailing Wage Notifications (non-union) and/or Fringe Benefit Statements (non-union)

iv) Apprentice agreements

2) Construction Phase: The awardee must perform all Prevailing Wage requirements during the construction phase of a project, including but not limited to:

a) Collecting Certified Payroll from all contractors and subcontractors,

b) Verifying CPRs against posted prevailing wage rates to confirm compliance, in accordance with Ohio

Revised Code,

c) Identifying any issues of non-compliance, such as underpayments, incorrect classifications, issues with journeyman-apprentice ratios and other issues as identified

d) Providing instructions for and assistance with correcting CPRs as needed,

e) Coordinating with the Division’s Compliance Officer throughout a project’s construction phase, and

f) Tracking contractor/subcontractor participation in identified State development programs, such as

EDGE.

3) Construction Closeout Phase: The awardee must perform all Prevailing Wage requirements during the closeout phase of a project, including but not limited to:

a) Collecting final payroll reports for all contractors and subcontractors at the end of a project

b) Collecting the following closeout documentation, and:

i) Payment Release Affidavit

ii) Prevailing Wage Final Affidavit

iii) ODNR-EDGE Affidavit of Payment

c) Maintaining and storing project files for access if needed, including all affidavits, CPRs and other documentation, for a period of time as defined by State and federal law, typically two years.

Throughout all phases of a project the awardee must be able to communicate with the Ohio Bureau of Wage & Hour if required. All work on publicly administered projects is considered public record and may be requested by the public at any time; the awardee may not release files directly to the public, but shall release files to the Bureau of Wage & Hour or to the Division Prevailing Wage Coordinator/Compliance Officer upon request. All public records requests shall be documented.

Term: Notwithstanding the foregoing, this Agreement shall expire no later than June 30, 2026. ODNR may renew this Agreement for an additional two-year term on the same terms and conditions by giving written notice prior to expiration. As the current General Assembly cannot commit a future General

Assembly to expenditures, this Agreement and any renewal shall in any event expire no later than June 30, 2026.

Prevailing Wage Compliance Services, meeting the requirements in the Scope of Work.

Delivery Location:

Ohio Department of Natural Resources, Division of Engineering 2045 Morse Rd. E3 Columbus, OH 43229.

Evaluation Scoring:

The scale below (0-5) will be used to rate each proposal on the criteria listed in the Technical Proposal Evaluation table.

DOES NOT MEET

0 POINTS

WEAK

1 POINT

WEAK TO MEETS

2 POINTS

MEETS

3 POINTS

MEETS TO

STRONG

4 POINTS

STRONG

5 POINTS

DNR will score the Proposals by multiplying the score received in each category by its assigned weight and adding all categories together for the Offeror’s Total Technical Score in Table 3. Representative numerical values are defined as follows:

DOES NOT MEET (0 pts.): Response does not comply substantially with requirements or is not provided.

WEAK (1 pt.): Response was poor related to meeting the objectives.

WEAK TO MEETS (2 pts.): Response indicates the objectives will not be completely met or at a level that will be below average.

MEETS (3 pts.): Response generally meets the objectives (or expectations).

MEETS TO STRONG (4 pts.): Response indicates the objectives will be exceeded.

STRONG (5 pts.): Response significantly exceeds objectives (or expectations) in ways that provide tangible benefits or meets objectives (or expectations) and contains at least one enhancing feature that provides significant benefits.

Evaluation Criteria:

Criterion Weight Rating (0-5) Extended Score Offeror Profile

1. Company history, years of relevant experience in conducting Prevailing Wage Coordination to collect, review, remedy and communicate all necessary information.

2. Demonstrate process of Prevailing Wage Coordination for a Government Entity. Provide examples, with descriptions.

3. Provide examples of the process created by the Offeror, including (but not limited to) software program(s), contractor training materials, etc.

4. Demonstrate experience with transitioning client(s) between different methods of Prevailing Wage Coordination/Compliance, including software, hard copy collection, etc.

Offeror’s Proposal

1. Proposal provides a clear and defined Scope of

Work that addresses all Deliverables defined in the Project Scope of Work

2. Proposal will provide a timeline to implement program across all stages of project.

3. Proposal contains processes to ensure that Offeror is meeting all deliverables on an ongoing basis

Offeror Prior Experience

1. Reference Proposal will provide 3 relevant references to prior Prevailing Wage Compliance Services within the past 5 years

2. Proposal references will demonstrate capacity to meet the needs of Division of Engineering

3. References demonstrate competence in delivering comparable services for other Government Entities

Project cost allowable points 50 Project Technical allowable points 200

Cost Proposal: The Division of Engineering has an active project list of sixty to eighty (60-80) prevailing wage projects at any given time. Annually the Division administers approximately $250,000,000 in construction projects.

Projects vary in size and complexity and may include subcontractors working underneath a prime contractor.

Project delivery methods are also varied and may include General Contracting, Design/Build, Construction Manager at Risk and other project delivery methods.

The Division is requesting a cost proposal in the form of:

1) Hourly rate(s) for work on projects, including the duties and deliverables listed in the project scope.

Hourly rate(s) billable monthly

a) Please provide a detailed cost breakdown, including employee structure(s) and fees

2) Implementation plan, including any transition(s) from services ODNR already utilizes for prevailing wage compliance

Cost Proposal Points: to calculate the Offeror’s Cost Proposal points after the Offeror’s total technical points are determined, using the following method:

Cost points = (lowest Offeror’s cost/Offeror’s cost) x Maximum Available Cost Points as indicated in the “Scoring Breakdown” table. The value is provided in the Scoring Breakdown table. “Cost” = Total Not to Exceed Cost identified in the Cost Summary section of Offeror Proposals. In this method, the lowest cost proposed will receive the Maximum Available Cost Points.

The number of points assigned to the cost evaluation will be prorated, with the lowest accepted cost proposal given the maximum available points possible for this criterion. Other acceptable cost proposals will be scored as the ratio of the lowest price proposal to the proposal being scored, multiplied by the maximum available points possible for this criterion.

An example for calculating cost points, where Maximum Available Cost Points Value = 60 points, is the scenario where Offeror X has proposed a cost of $100.00. Offeror Y has proposed a cost of $110.00 and Offeror Z has proposed a cost of $120.00. Offeror X, having the lowest cost, would get the maximum available 60 cost points.

Offeror Y’s cost points would be calculated as $100.00 (Offeror X’s cost) divided by $110.00 (Offeror Y’s cost) equals 0.909 times 60 maximum points, or a total of 54.5 points. Offeror Z’s cost points would be calculated as $100.00 (Offeror X’s cost) divided by $120.00 (Offeror Z’s cost) equals 0.833 times 60 maximum available points, or a total of 50 points.

Preferences

The State will apply all preferences pursuant to Ohio Administrative Code 123:5-1-06.

Following the initial evaluation and scoring, all Proposals will be considered for preferences. Preferences will be calculated at a rate of five percent (5%) for the first preference and two percent (2%) each for the second and third preferences. The preferences shall be combined and applied as a total percentage of the original Proposal to determine the score for evaluation purposes.

Preferences will only be applied if there is at least one Offeror that does not qualify for that particular preference.

For purposes of qualifying for a preference, an Offeror failing to complete the certification for each preference will be deemed as not qualifying for that preference.

(a) For the Buy American preference, if any Offeror offers a product that is not a domestic source end product, the State will add the applicable percentage of the total available points to the total score of each Offeror offering a domestic source end product.

(b) For the Buy Ohio preference, if any Offeror is a Buy Ohio Offeror claiming the preference, the State will add the applicable percentage of the total available points to each Buy Ohio Offeror’s total score.

(c) If claiming the preferences in (a) and (b) based on the product(s) offered, an Offeror is only eligible to receive the preference if the cost of the product(s) offered exceeds 50% of the total offered cost for products and services. A Buy Ohio Offeror is also eligible to receive the Buy Ohio preference based on its significant economic presence in Ohio or a border state.

(d) For the Veteran-Friendly Business preference, the State will add the applicable percentage of the total available points to any certified veteran-friendly business Offeror’s total score.

Invoicing

Invoices Origin-DNR-XXX (A unique number will be provided with each invoice.)

All invoices must be submitted DIRECTLY to Financial Shared Services (FSS).

There are three options available to submit invoices to FSS:

• EMAIL the invoice to: invoices@ohio.gov

• FAX the invoice to: 1-614-485-1039

• MAIL the invoice to: Financial Shared Services, PO Box 182880, Columbus, Ohio 43218-2880

In order to process your invoice, please make sure all the required information listed below is on your invoice before submitting it to OSS or they will be returned for not being a proper invoice.

1. Must include the Purchase Order (PO) number assigned. You may shorten it to the last five digits.

2. Supplier full name as it appears on your PO.

3. The Ship to and/or service facility name and full address

4. Unique invoice number

5. Date of service or date work was completed.

6. Complete itemization of services performed, materials or goods supplied and/or labor furnished.

7. Line charge(s). If parts are included, please break out the line charges with product and charges separately.

8. No State of Ohio sales tax

9. Remit to address must match our records for payment

10. This PO is only valid for the goods and/or services received through June 30, 2026.

11. Any goods/services received after June 30, 2026 will require a new PO.

All fields mentioned above are required to count as a correct invoice; failure to provide this information will result in a returned invoice and delayed payment.

Contract Negotiations. Negotiations will be scheduled at the convenience of DNR. The selected Offeror(s) are expected to negotiate in good faith.

General. Negotiations may be conducted with any Offeror who submits a competitive Proposal, but DAS may limit discussions to specific aspects of the RFP. Any clarifications, corrections, or negotiated revisions that may occur during the negotiations phase will be reduced to writing and incorporated in the RFP, or the Offeror’s Proposal, as appropriate. Negotiated changes that are reduced to writing will become a part of the Contract file open to inspection to the public upon award of the Contract. Any Offeror whose response continues to be competitive will be accorded fair and equal treatment with respect to any clarification, correction, or revision of the RFP and will be mailto:invoices@ohio.gov given the opportunity to negotiate revisions to its Proposal based on the amended RFP.

Top-ranked Offeror. Should the evaluation process have resulted in a top-ranked Proposal, DNR may limit negotiations to only that Offeror and not hold negotiations with any lower-ranking Offeror. If negotiations are unsuccessful with the top-ranked Offeror, DNR may then go down the line of remaining Offerors, according to rank, and negotiate with the next highest-ranking Offeror. Lower-ranking Offerors do not have a right to participate in negotiations conducted in such a manner.

CONTRACT AWARD. DNR plans to award the Contract based on the schedule in the RFP, if DNR decides the Project is in the best interests of the State and has not changed the award date.

Apparent awardee will be required to sign a contract with the Ohio Department of Natural Resources.

Economic Price Adjustment

The Contract prices(s) will remain firm for the initial term of the Contract. Thereafter, the Contractor may submit a request to increase its price(s) to be effective 30 calendar days after acceptance by the State. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers; on purchase orders that are already being processed; or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, e.g., increases in the cost of raw materials, labor, freight, workers’ compensation and/or unemployment insurance. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation includes, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify the State immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject section VI I. - Standard Terms and Conditions. Suspension/Termination and the Contract Remedies sections.