RFP Solicitation Document.pdf

Harriman State Office Campus

Building 12, Room 465 Albany, NY 12240

REQUEST FOR PROPOSAL (RFP) #Z-90

for

Consulting Services for Labor Standards Program

Issued October 13, 2023

New York State Department of Labor

Harriman Office Campus

Building 12, Room 465

Submission Deadline:

November 30, 2023, by 3:00PM New York State Time (NYST)

Table of Contents Procurement Lobbying Act and Designated Contacts

Notice of Intent to Bid

Timetable of Key Events

Submission of Proposal

Preamble

Section 1: Introduction

1.1 Definitions

1.2 Description of the Department of Labor

1.3 Program Overview

1.4 Contract Term

1.5 Amendments, Announcements & Clarifications

1.6 Pre-Bid Conference

1.7 Response to Bidder Questions and Requests for Clarification

Section 2. Mandatory Bidder Eligibility Requirements

2.1 Organizational Requirements

2.2 Experience Requirements

2.3 References

2.4 Personnel Qualifications

2.5 Bidder Certification of Product & Service Requirements and Contract Terms

Section 3. Description of Services Sought

3.1 Scope of Work

3.2 Communication and Meetings with NYSDOL

3.3 Qualifications of an Ideal Consultant(s)

3.4 Data to Evaluate Program Effectively

3.5 Types of Stakeholders to Engage

3.6 Methods for Engaging Stakeholders

3.7 Description of Final Report Deliverables

Section 4: Proposal Response Requirements

4.1 Technical Requirements

4.2 Cost Requirements

4.3 Administrative Requirements

Section 5: Contracting

5.1 NYSDOL’s Rights to Proposals

5.2 NYSDOL’s Responsibilities

5.3 Contractor’s Responsibilities

Section 6. General Terms and Conditions

6.1 Contract Period

6.2 Price Adjustments

6.3 Termination

6.4 Security/Confidentiality Requirements

6.5 Period of Validity

6.6 Minority and Women-Owned Business Enterprise (MWBE) and Service-Disabled Veteran-Owned Business (SDVOB) Requirements

6.7 Liquidated Damages

6.8 Conformance to RFP

Section 7. Proposal Submission Requirements

7.1 General Requirements and Appearance

7.2 Technical Proposal

7.3 Cost Proposal Documents

7.4 Administrative Proposal

Section 8. Proposal Evaluation Criteria

8.1 Overview

8.2 Method of Award

8.3 Technical Proposal Evaluation – 70 points

8.4 Cost Proposal Evaluation - 30 points

8.5 Final Evaluation

8.6 Tie Breaker

Section 9. RFP Attachments, Appendices, and Exhibits

9.1 Technical Attachments

9.2 Cost Proposal

9.3 Administrative Attachments

9.4 Administrative Appendices

9.5 Exhibits

Procurement Lobbying Act and Designated Contacts

This Request for Proposal (RFP) is being conducted in accordance with the Procurement Lobbying Act (State Finance Law §§139-j and 139-k). For more information regarding the Procurement Lobbying Act, please refer to the New York State Office of General Services (NYSOGS) website at: https://ogs.ny.gov/acpl

Pursuant to the Procurement Lobbying Act this solicitation includes and imposes certain restrictions on communications between the New York State Department of Labor (NYSDOL) and the Bidder during the procurement process. Accordingly, designated contacts for questions related to this procurement as of the date hereof, are:

Primary: Yvonne Huang NYS Department of Labor Purchase & Contracts Harriman State Office Campus Building 12, Room 465 Albany, NY 12240 labor.sm.DOLPurchase.Contracts@labor.ny.gov

Alternate: Sarah Berte NYS Department of Labor Purchase & Contracts Harriman State Office Campus Building 12, Room 465 labor.sm.DOLPurchase.Contracts@labor.ny.gov

Neither phone nor fax inquires will be accepted. Administrative issues pertaining to sending or receiving email through the designated mailbox may be reported at (518) 457-1397.

Notice of Intent to Bid

Bidders intending to submit a Proposal in response to this RFP are asked to use the “Notice of Intent to Bid” form. This form along with completion and forwarding instructions are included in Attachment K. The submission of this form is not a prerequisite for Bidder eligibility, nor does it obligate organizations to submit a proposal in response to RFP #Z-90.

https://ogs.ny.gov/acpl mailto:labor.sm.DOLPurchase.Contracts@labor.ny.gov

Request for Proposal (RFP) #Z-90 for

Timetable of Key Events

EVENT DATE

RFP Release Date Friday, October 13, 2023

Deadline for Pre-Bid Conference Registration****

Tuesday, October 31, 2023, by 3:00PM NYST

Pre-Bid Conference Wednesday, November 1, 2023, at 10:00AM

NYST

Deadline for Questions Wednesday, November 1, 2023, by 3:00PM

NYST

Anticipated Responses to Questions Wednesday, November 8, 2023

Notice of Intent to Bid Due Date Tuesday, November 14, 2023, by 3:00PM

NYST

Proposal Due Date Thursday, November 30, 2023, by 3:00PM

NYST

Anticipated Date of Award Notification Thursday, January 25, 2024

Anticipated Contract Start Date Monday, April 29, 2024

****Potential bidders interested in participating in the Pre-Bidders Conference webinar should send a request to labor.sm.DOLPurchase.Contracts@labor.ny.gov for registration details.

Submission of Proposal

Bidders interested in being considered for this engagement should see Section 7 of this RFP and submit their Proposal along with original signed cover letters (signed by an individual authorized to represent the organization) to:

Yvonne Huang Contract Management Specialist 2

New York State Department of Labor Harriman State Office Campus

Building 12, Room 465 Albany, New York 12240

Please Note: There will be NO public bid opening for this RFP. No faxed or emailed Proposals will be accepted.

In order to expedite the solicitation process, Bidders are required to submit separate Technical, Cost, and Administrative Proposals that are clearly labeled and sealed separately, however, may be delivered in the same package. Proposals must be submitted by mail, overnight carrier (e.g., FedEx, UPS, etc.), or certified mail in a package, with all the following information labeled on the outside package/envelope:

• Bidder’s complete name and address

• “Technical” “Cost” OR “Administrative” Proposal enclosed for: RFP #Z-90 for

• Due Date and Time as noted in the Timetable of Key Events

Failure to include all information on the Proposal envelope and/or packages may necessitate the premature opening of the Proposal and may compromise confidentiality. Notwithstanding the New York State Department of Labor’s (NYSDOL) right to open a Proposal to ascertain the foregoing information, the Bidder assumes all risk of late delivery associated with the Proposal not being identified, packaged, or labeled in accordance with the foregoing requirements. All Proposals, including all information and Product (as defined in Section 1.1) required by the RFP or provided as explanation thereof, shall be submitted in English. All prices shall be expressed, and all payments shall be made, in United States Dollars (US$). Any Proposals submitted which do not meet the above criteria will be rejected.

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Bidder shall immediately notify the Designated Contact (See Section Procurement Lobbying Act and Designated Contacts) of such error in writing and request clarification or modification of the document.

If, prior to the Deadline for Submission of Proposals in the Timetable of Key Events Section, a Bidder fails to notify a Designated Contact in the Procurement Lobbying Act and Designated Contacts Section of a known error or an error that reasonably should have been known, the Bidder shall assume the risk of proposing. If awarded a Contract, a Bidder shall not be entitled to additional compensation by reason of the error or its correction.

Please refer to Section 7 (Proposal Submission Requirements) in this RFP for all Proposal Submission Requirements.

Each Technical Proposal, Cost Proposal, and Administrative Proposal must be labeled and packed separately in sealed envelopes with the title of the RFP, the Assigned Bid Number, the respondent’s name and address, and bid due date and time clearly displayed on the exterior of each envelope.

The separate Technical Proposal, Cost Proposal, and Administrative Proposal envelopes may be mailed in the same package.

Bidders should request a receipt containing the time and date received and the initials of the receiver for all hand-deliveries and ask that this information also be written on the package(s).

Late Bids: Bidders who do not submit Proposals by the time and date deadline indicated in the Timetable of Key Events will be eliminated from consideration. This mandatory requirement may only be waived if no Proposals for this RFP were received by the submission deadline date and time.

Preamble

The information contained herein should be used for the sole purpose of responding to this RFP.

This RFP is not an offer and does not commit NYSDOL to a Contract. Furthermore, NYSDOL is not liable for any costs, in whole or in part, incurred by a Bidder in the preparation of a response to this RFP, or for any work performed prior to Contract execution.

NYSDOL reserves the right to accept or reject any and all Proposals; to correct any computational errors in the Proposal(s); to utilize any or all ideas from the Proposals; and to adopt all or any part of the Proposal(s) submitted. All Proposals shall become the property of NYSDOL.

As an agency of the State of New York (NYS), all responses submitted to NYSDOL may be disclosed pursuant to requests for access made under New York’s Freedom of Information Law (FOIL). Products (as defined in Section 1.1) may also be subject to FOIL disclosure.

While FOIL provides certain statutory exceptions, which may exempt documents from disclosure, confidential, trade secret, or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified as such upon submission by the Bidder. However, marking the Bid as “confidential” or “proprietary” on its face, or in the document header or footer, shall not be considered by NYSDOL to be sufficient without specific justification as to why disclosure of the particular information would cause substantial injury to the competitive position of the Bidder. Bidders intending to seek an exemption from disclosure of confidential, trade secret, or proprietary materials (as defined by the laws of NYS) under FOIL must request the exemption in the Bid cover letter, setting forth the reasons for the claimed exemption. NYSDOL’s receipt/acceptance of the claimed materials does not constitute a determination on the exemption request. Such determination will be made in accordance with statutory procedures. Properly identified information that has been designated confidential, trade secret, or proprietary by the Bidder/Contractor will not be disclosed except as may be required by FOIL or other applicable state and federal laws.

Subject to the availability of lawful appropriation and consistent with the New York State Court of Claims Act, NYS shall hold the Contractor harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of NYS or of its officers or employees when acting within the course and scope of their employment in connection with this Agreement.

RFP Key Points

Read the RFP in its entirety. Note key items such as: critical dates, eligibility, qualifying and mandatory requirements, services required, and Proposal packaging requirements.

Note the name, address, and e-mail address of the designated contacts. These are the only individuals that you are permitted to contact regarding this RFP.

Take advantage of the question and answer periods. Submit your questions by one of the methods identified prior to the dates and times listed in the Timetable of Key Events.

Provide complete answers/descriptions. Proposals must completely address all qualifying and mandatory requirements. To ensure your Proposal is not unnecessarily disqualified from evaluation, thoroughly read all requirements, and provide complete responses. Use forms provided to submit your response. Vague or incomplete responses may result in a reduced technical score or disqualification.

Review your Proposal. Make sure all copies are identical and complete.

Package your Proposal as required in the RFP. Proposals not packaged accordingly may be deemed non-responsive.

Submit your Proposal on time. Proposals received after the date and time indicated in Timetable of Key Events will not be considered for award and may be returned, unopened, to the sender.

Section 1: Introduction

The purpose of this Request for Proposal (RFP) evaluation is to conduct a comprehensive and unbiased assessment of the effectiveness, efficiency, and sustainability of the New York State Department of Labor's Division of Labor Standards. This evaluation will be conducted by an experienced program evaluation consultant(s), who will undertake a rigorous examination of the Division's program processes, outputs, and outcomes, with the aim of identifying strengths and weaknesses, as well as opportunities for improvement.

The evaluation will assess the Division's ability to achieve its mission and goals, and will examine the extent to which the Division is meeting the needs of complainants and advocates in meeting Wage & Hour objectives. The consultant will also evaluate the Division's organizational structure, training program, staffing, and assess the adequacy of its resources to carry out its mission.

Ultimately, the goal of this evaluation is to provide actionable recommendations for program leadership and Department Executives that can be used to enhance the Division's impact and ensure its long-term viability. The consultant will provide specific recommendations for how the Division can improve its programs and services, increase its impact, and better achieve its goals. An implementation plan will also be developed that outlines the steps the Division should take to implement the recommendations, including timelines, responsible parties, and resource needs.

By providing a comprehensive and independent evaluation, the consultant(s) aims to support the Division’s stakeholders in making informed decisions and achieving the desired outcomes of the program. The evaluation will also provide valuable insights into the effectiveness of the Division's programs and services and help identify opportunities for improvement. Ultimately, the evaluation will help the Division to enhance its programs and services, increase its impact, and better achieve its mission and goals.

1.1 Definitions

Unless further defined within the RFP, the following terms will be used as noted herein:

“360 – Program Analysis” shall mean a review and analysis of the day-to-day operations including overall program management & supervision; division of consultation and enforcement; whistleblower case management and related timelines;

complaint intake processes and related documentation; customer service; inspection process including field visits, report writing, communication with the complainant and the employer; case file review processes; issuance of violations; settlement procedures; case file retention and storage; onboarding and training of new and current employees; written policies and procedures; and outreach to other states’ Wage and Hour Law administrators.

“Acceptance or Accepted” shall mean written determination by NYSDOL that a deliverable or service, including all of components thereof, satisfies all applicable acceptance criteria without increasing the agreed upon bid price.

“AG” is the abbreviation for, and shall mean Office of the Attorney General.

“Agreement or Contract” shall mean the writings that contain the Agreement (Contract) of NYSDOL and the Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law.

“Agency Representative” shall mean the authorized representative of the New York State Department of Labor.

“Awarded Bidder” The selected Bidder (also referenced as Contractor) resulting from the competitive bid process with respect to this RFP.

“Best Value” The basis for awarding all service and technology Contracts to the Bidder that optimizes quality, cost, and efficiency, among responsive and responsible Bidders. See State Finance Law §163(1)(j).

“Bid or Proposal” shall mean a response to the RFP submitted by a Bidder to provide products/services.

“Bidder/Offeror” shall mean those companies or individuals who respond to NYSDOL’s request for solutions to its present needs.

“Contract” shall mean the writings that contain the agreement of NYSDOL and the Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law.

“Contractor” shall mean the vendor who (upon contract award, approval, and execution) is the successful Bidder awarded the contract.

“Department” shall mean the New York State Department of Labor. Also see

“NYSDOL.”

“Division” shall mean the New York State Department of Labor’s program area of Labor Standards.

“FOIL” shall mean Freedom of Information Law.

“FTE” shall mean full-time equivalent.

“Mandatory” refers to items or information that the State has deemed that a Bidder must submit as compulsory, required, and obligatory. These items or information are noted as such, or the requirements may be phrased in terms of “must,” “shall,” “will,” or “required.” Mandatory requirements must be met by the Bidder for the Bidder’s submission to be considered responsive.

“May” denotes the permissive in a Contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory (e.g., desired or preferred). Also see “Should.”

“MBE” is the abbreviation for Minority Owned Business Enterprise.

“Must” denotes the imperative in a Contract clause or specification. It means required, being determinative/Mandatory, as well as imperative. Also see “Shall” and “Mandatory.”

“NYSDOL” shall mean the New York State Department of Labor.

“NYST” shall mean New York State Time.

“OSC” is the abbreviation for and shall mean Office of the New York State Comptroller.

“Product” shall mean items or deliverables under any Solicitation or Contract/Agreement and may include commodities, services, and technology.

“Request for Proposal (RFP)” is this Bid Document soliciting consulting services for the Division of Labor Standards.

“Responsible” shall mean the financial ability, legal capacity, integrity, and past performance of a business entity and as such terms have been interpreted relative to public procurements.

“Responsive” shall mean a Bidder meeting the specifications and requirements of this RFP, as determined by the NYS Department of Labor.

“SDVOB” is the abbreviation for Service-Disabled Veteran-Owned Businesses.

“Shall” denotes the imperative in a Contract clause or specification. Means required being determinative/Mandatory, as well as imperative.

“Should” denotes the permissive in a Contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory (ex., desired or preferred). Also see “May.”

“Subcontractor” shall mean any individual or legal entity (including but not limited to sole-proprietor, partnership, limited liability company, firm, or corporation) who has entered into a Contract, express or implied, for the performance of a portion of a Contract with a Contractor.

“Wage & Hour Law” shall mean any federal, state, or local law governing or relating to the payment of wages including the payment of overtime, on-call time, rest periods, minimum wages or the classification of employees for the purpose of determining employees’ eligibility for compensation or other benefits under such law(s) including any statutory or common law premised on such law.

“WBE” is the abbreviation for Woman-Owned Business Enterprise.

1.2 Description of the Department of Labor

NYSDOL is NYS’s primary advocate for job creation and economic growth through workforce development. NYSDOL administers NYS’s UI system, labor exchange system, and employment and training programs. NYSDOL oversees NYS worker protection programs and enforces safety and health regulations in the public sector, labor laws and federal statutes related to working conditions, wages and hours, and laws related to Public Work. NYSDOL is New York’s principal source for labor market information and offers a variety of services that help businesses find workers and help people find jobs. Additional information regarding NYSDOL can be found at https://dol.ny.gov/.

1.3 Program Overview

The Department’s Worker Protection Division includes the Division of Labor Standards. The Division of Labor Standards protects all workers, including those that are undocumented or paid off the books, and ensures employers are following NYS Labor Laws. The Division of Labor Standards enforces State Labor Laws for minimum wage, hours of work, employment of minors, payment of wages, farm labor, nursing mothers in the workplace, and more. Labor Standards can issue fines and penalties, as well as investigate complaints regarding Labor Law violations.

The Division of Labor Standards operates across the State in seven (7) regional offices with the largest presence in New York City. The statewide Division of Labor Standards has the following full-time equivalent (FTE) professional staff: 6 Chiefs, 17 Investigative Officer 3, 34 Investigative Officer 2, and 43 Investigative Officer 1. On average, the Division accepts 6,000 complaints and completes approximately 5,300 investigations yearly.

Over the years, different parts of the Division have been examined, evaluated, and improved. In the wake of COVID-19, the Department is making great strides with improving process and implementing technology solutions to better serve our customers. It is time for the Division of Labor Standards and the customers we serve to benefit from that process.

1.4 Contract Term

The term shall commence upon applicable control agencies’ approval and shall be for a period of six

(6) months at the New York State Department of Labor’s (hereinafter referred to as “the Department” or “NYSDOL”) discretion. The contract may be extended for two (2) additional periods not to exceed three (3) months each at the discretion of NYSDOL.

1.5 Amendments, Announcements & Clarifications

This RFP may, from time to time, be amended through the issuance of a formal amendment. All amendments to RFP documents will be posted to the New York State Contract Reporter website:

https://www.nyscr.ny.gov.

It is the responsibility of the Bidder to check the New York State Contract Reporter website for any amendments, announcements, and clarifications. All applicable amendment information must be https://dol.ny.gov/ https://www.nyscr.ny.gov/ incorporated into the Bid. Failure to include this information in the Bid may result in the Bid being deemed non-responsive.

1.6 Pre-Bid Conference

Bidders may attend a pre-bid conference that will be held via Zoom on the date and time as indicated in the Timetable of Key Events above. A Bidder is authorized to speak with representatives other than Designated Contact(s) for the sole purpose of communicating about the pre-bid conference, including arrangements for attendance and to pose logistical questions. The purpose of the conference is for a live question and answer period. Note that this process is expected to take an estimated (1) one hour; attendees should prepare accordingly.

During the Pre-Bid Conference potential Bidders will be allowed to ask questions related to this procurement opportunity by entering their questions into the chat. Due to time constraints bidders are strongly encouraged to email questions ahead of the live Q&A. Additional follow up questions may be emailed during the Q&A period.

IMPORTANT: Bidders wishing to attend the pre-bid conference must pre-register by the Deadline for Registering for the Pre-Bid Conference in the Timetable of Key Events above via e-mail labor.sm.DOLPurchase.Contracts@labor.ny.gov.

The e-mail must include:

o Legal name of Bidder (Contractor name);

o Name and title for each person attending;

o E-mail address; and o Telephone number.

Upon registration, Bidders will receive information necessary to log into Zoom.

NOTE: If there are any questions Bidders would like addressed at the pre-bid conference, Bidders should submit them via e-mail on the Attachment L – Bidder Question Email Attachment Form to the designated contact(s) prior to the deadline for registration for the pre-bid conference. Questions are allowed during the pre-bid conference, however, only questions submitted in writing and answered via the formal questions and answers document posted to the New York State Contract Reporter website: https://www.nyscr.ny.gov. will be considered official.

Questions during the pre-bid conference will be permitted. Verbal answers are not official answers.

Official answers to all questions will be posted to the New York State Contract Reporter website:

https://www.nyscr.ny.gov. Only answers provided in the written Questions and Answers format and posted on https://www.nyscr.ny.gov will be considered official.

1.7 Response to Bidder Questions and Requests for Clarification

All questions, inquiries, and/or clarifications concerning this solicitation shall be addressed to the NYSDOL designated contact whose name appears under the “Designated Contact” in the Procurement Lobbying Act and Designated Contacts Section of this RFP. All questions should be submitted in writing, citing the specific RFP page and section and sub-section number and title on Attachment L - Bidder Question Email Attachment Form. Bidders should note that all clarifications are to be resolved during the Question and Answer Period prior to the submission of Proposals.

mailto:labor.sm.DOLPurchase.Contracts@labor.ny.gov https://www.nyscr.ny.gov/

Bidders should identify terms and conditions in the RFP that would prohibit a Bidder from submitting a proposal. This process may not be used to negotiate material changes to the terms and conditions set forth in the RFP; any such changes will not be accepted by NYSDOL.

Questions, inquiries, and requests for clarification are only accepted via e-mail, and must be submitted to labor.sm.DOLPurchase.Contracts@labor.ny.gov with the following subject line: “RFP #Z-90 Questions/Inquiry.” All questions shall be entered on Attachment L - Bidder Question Email Attachment Form and submitted with the e-mail as an attachment. Answers to all questions of a substantive nature will be given to all prospective Bidders in the form of a formal addendum, which will be annexed to and become part of the resulting Contract. See Timetable of Key Events for the deadline to submit questions. Responses to Bidder questions and requests for clarifications will be posted the NYS Contract Reporter website https://www.nyscr.ny.gov.

The responses will not include the identities of the Bidders who submitted the questions; those Bidders will remain anonymous to the extent allowed by law.

Section 2. Mandatory Bidder Eligibility Requirements

The Bidder must meet the following minimum qualifications to be eligible to bid. The Bidder shall submit the information listed below to provide satisfactory evidence that it has adequate experience, resources, and organization to provide and perform the type, magnitude, and quality of the specified services. Bidders are advised that NYSDOL’s intent in having these requirements is to ensure that only a qualified and reliable Contractor performs the work of the resulting Contract. Any Bidder failing to submit in whole or in part, adequate justification attesting to its qualifications may result in the Bidder’s proposal being considered non-responsive.

2.1 Organizational Requirements

The Bidder shall have maintained an organization for a minimum of two (2) years prior to the bid opening date. The Bidder shall certify this information on Attachment 2 - Bidder Certified Statements.

2.2 Experience Requirements

The Bidder must have been actively and normally engaged, for a minimum of two (2) years within the past five (5) years, in providing consulting services as described within this RFP, as specified in Section 3 – Description of Services Sought.

2.3 References

The Bidder must demonstrate through their account reference(s) submitted on Attachment 3 – References, that they have provided satisfactory program or organization evaluations similar to those described in Section 3 - Description of Services Sought. Although Bidders must provide a minimum of only one (1) qualifying reference to meet the experience requirement, Bidders may provide as many additional qualifying references as needed that combine to meet the minimum of two (2) years of experience within the past five (5) years for validation of experience required in RFP #Z-90 Consulting Services for Labor Standards Program.

NYSDOL reserves the right to check references as part of the evaluation process.

2.4 Personnel Qualifications

The Bidder must be able to assign a consultant(s) to the project who has at minimum a 4-year college degree and have at least two (2) years providing similar Wage & Hour consulting services as described within this RFP #Z-90 Consulting Services for Labor Standards Program.

2.5 Bidder Certification of Product & Service Requirements and Contract Terms

Bidders must submit Attachment 2 – Bidder Certified Statements, documenting that they able to provide and perform all required goods and services as described within the RFP, have the minimum experience requirements of this Section, and is willing to enter into a contract agreement substantially in accordance with the contract terms of Appendix GTC - Contract General Terms and Conditions, and the RFP should the Bidder be selected for contract award.

Section 3. Description of Services Sought

3.1 Scope of Work

The scope of the work and the specifications for the 360-program analysis will follow the entire process from beginning to end for the Division’s scope of work, including intake of complaint information, investigation work, and subsequent reporting. In addition, an awarded vendor will conduct a review and analysis of the audits conducted by the Office of the State Comptroller for the last 10 years. This review shall include an assessment of the goals, objectives, and requirements of the program; a review of potential solutions or strategies; an evaluation of success metrics; evaluate both internal and external communications; and a review of any potential risks or implementation challenges. The consultant(s) will have to work both remote and onsite where appropriate. The awarded vendor will produce a written report that will reflect the information given in Section 3.7. The written report will make recommendations for improvements using industry and other states’ Wage & Hour best practices. The final report will need to be completed before the expiration date of the contract. The awarded vendor will be paid for their work after NYSDOL has received the final written report and the invoice has been verified by the Division.

3.2 Communication and Meetings with NYSDOL

The Contractor and NYSDOL will maintain regular communication on administrative, technical, and strategic issues relative to the consulting services for the Labor Standards program. These communications should be handled in a manner that incurs no additional costs to NYSDOL. It is preferred that communication be handled via video conferencing software, such as but not limited to, Zoom, Microsoft Teams, or Webex. In the event that in person meetings are proposed/required the Contractor shall ensure that any resulting cost shall be factored into any financial proposal as there shall be no reimbursement for travel paid during the course of the resulting contract.

In-Person meetings may be required over the life of the resulting contract and shall take place when NYSDOL deem it to be necessary. Such meetings shall be either at the NYSDOL Central Office in Albany or the Contractor’s offices, as determined by NYSDOL in its sole discretion. The Bidder must be willing and able to designate a company location for team members to meet with NYSDOL staff that is located within 4 hours driving distance of NYSDOL’s Central Office (as determined by NYSDOL using Google Maps.)

The awarded vendor will have an initial kick off meeting with NYSDOL. Whether or not the initial kick off meeting is in person or virtual shall be determined after a contract is awarded and approved by control agencies. After the meeting, the awarded vendor will develop and deploy a method of measure and metrics appropriate with the areas of Labor Standards being evaluated. NYSDOL will be provided a progress report by the awarded vendor three (3) months after contract approval to apprise NYSDOL on the awarded vendor’s progress. At that time, NYSDOL may provide feedback based on the progress report that the awarded vendor’s consultant(s) must use to incorporate into its written report.

3.3 Qualifications of an Ideal Consultant(s)

There are several characteristics that an ideal consultant(s) should possess to effectively evaluate Labor Standards’ processes and effectiveness. These include, but are not limited to:

a) Subject Matter Expertise: The consultant(s) should have knowledge and experience in the field of Wage and Hour Law, or a related governmental field. As well as a general knowledge of the relevant laws, regulations, and policies that govern Labor Standards’ work.

b) Evaluation Experience: The consultant(s) should have experience conducting program evaluations, including designing evaluation plans, collecting and analyzing data, and developing recommendations.

c) Analytical Skills: The consultant(s) should have strong analytical skills, including the ability to interpret complex data and identify patterns and trends.

d) Communication Skills: The consultant(s) should have strong communication skills, including the ability to explain evaluation findings and recommendations in a clear and concise manner, both in writing and verbally.

e) Collaborative Skills: The consultant(s) should be able to work collaboratively with

Department staff, stakeholders, and other partners involved in the evaluation, and build strong relationships based on mutual trust and respect.

f) Cultural Competence: The consultant(s) should have an understanding of the cultural context in which Labor Standards operates and be able to work effectively with diverse communities and populations.

g) Attention to Detail: The consultant(s) should have strong attention to detail, including the ability to manage complex projects, ensure data accuracy, and meet deadlines.

h) Ethical Standards: The consultant(s) should adhere to high ethical standards, including maintaining confidentiality, avoiding conflicts of interest, and ensuring the integrity of the evaluation process.

i) Technical Skills: The consultant(s) should have expertise in relevant software and data analysis tools and be able to use these tools to conduct rigorous evaluations.

j) Innovation: The consultant(s) should be able to think creatively and bring new ideas and approaches to the evaluation process, to help the Division improve its programs and services.

k) Flexibility: The consultant(s) should be able to adapt to changing circumstances and adjust the evaluation plan as needed, to ensure that the evaluation is relevant and useful.

l) Commitment: The consultant(s) should be committed to conducting a high-quality evaluation that provides meaningful insights and recommendations for improving the Division’s programs and services.

3.4 Data to Evaluate Program Effectively

To effectively evaluate the program, the consultant(s) will need to evaluate data and analyze materials to ensure a comprehensive assessment on the program. Relevant information to collect may include:

a) Compliance History: Review Labor Standards’ compliance history with state regulations to determine if there are any outstanding violations or areas of concern.

This include reviewing the audits from the Office of the State Comptroller.

b) Intake and Case Assignment: Analyze Labor Standards’ intake and case assignment process to assess the effectiveness with overall process, and compliance with the industry standards and Department policies.

c) Training Programs: Evaluate Labor Standards’ training programs to determine if they are adequately preparing employees to investigate Labor Standards related complaints. As well as their ability to conduct investigations.

d) Investigation Program and Case Files: Review Labor Standards’ investigation programs to determine if they are effectively identifying compliance with State regulations. As well as reviewing a samples of case files for collection and documentation of relevant information.

e) Program Effectiveness: Assess the overall effectiveness of Labor Standards’ Wage

& Hour programs, including their ability to reduce wage theft.

f) Communication and Outreach: Evaluate Labor Standards’ communication and outreach efforts to determine if they are effectively educating employers and employees about labor standards in the State.

g) Customer Satisfaction: Analyze customer satisfaction data to determine if employers and employees are satisfied with Labor Standards’ services and programs.

h) Employee Job Satisfaction and Morale: Evaluate and analyze employee job satisfaction and morale, which can provide valuable insights into the workplace culture and overall effectiveness of Labor Standards.

i) Overall Management: Evaluate the overall management to assess the effectiveness of its overall management practices, including its decision-making processes, resource allocation, and organizational culture.

j) Organizational Structure and Resources: Evaluate Labor Standards’ organizational structure, staffing, and resources, and assess the adequacy of its resources to carry out its mission.

k) Data and Metrics: Evaluate the data and metrics used to assess the effectiveness of the Labor Standards’ programs and services, and assess the adequacy and reliability of these measures.

l) Challenges and Opportunities: Evaluate and assess the challenges and opportunities facing Labor Standards, including emerging trends and issues in labor standards, and its capacity to respond to these challenges and opportunities.

m) Other State’s Labor Standards Program: Studying identical programs in other states can yield valuable insights for improving one's own program. By analyzing other programs, one can identify best practices and innovative ideas.

As the consultant(s) will be reviewing sensitive data and material for the 360-program analysis for this project, the consultant(s) will need to sign an Attachment J – Confidentiality & Non-Disclosure Agreement as part of their bid submission and adhere to this confidentiality statement.

3.5 Types of Stakeholders to Engage

The consultant(s) will need to communicate with program stakeholders to properly evaluate and analyze Labor Standards’ work. The various stakeholder includes, but are not limited to:

a) Employers: Labor Standards works with employers to ensure compliance with labor standards regulations.

b) Labor Organizations: Labor Standards collaborates with labor organizations to protect workers' rights and advocate for their interests.

c) Industry Groups: Labor Standards collaborates with industry groups to develop and enforce workplace labor standards regulations tailored to specific sectors.

d) Advocates: Labor Standards works with many advocacy organizations to promote labor standards rules and regulations.

3.6 Methods for Engaging Stakeholders

To engage stakeholders and gather their opinions on Labor Standards’ work, there are several methods available. The following methods should be included, but are not limited to:

a) Surveys: Surveys are a common and effective method for gathering stakeholder opinions. Surveys can be conducted online, via email, or through paper forms, and can be designed to collect quantitative or qualitative data.

b) Focus Groups: Focus groups are small, moderated discussions involving a representative sample of stakeholders. Focus groups can be conducted in-person or online and provide an opportunity for stakeholders to share their opinions in a more interactive setting.

c) Interviews: Interviews are another effective method for gathering stakeholder opinions. Interviews can be conducted in-person, via phone, or online and provide a more personalized opportunity for stakeholders to share their thoughts and ideas.

d) Workshops: Workshops are structured meetings where stakeholders can come together to discuss a specific issue or topic. Workshops can be facilitated by an expert and can include interactive activities to encourage participation and engagement.

e) Online Collaboration Tools: Online collaboration tools, such as online forums or collaboration platforms, can be used to gather stakeholder opinions in a more collaborative setting. These tools can allow stakeholders to share ideas and provide feedback in real-time.

f) Public Meetings: Public meetings are formal gatherings where stakeholders can share their opinions and ideas in a public forum. These meetings can be conducted in-person or online and can provide an opportunity for stakeholders to engage with decision-makers and policymakers.

Prior to the method of engagement, any questions asked in surveys, focus groups, interviews, workshops, online collaboration tools, or public meetings must be approved by NYSDOL.

3.7 Description of Final Report Deliverables

The consultant(s) will prepare a comprehensive final report that accurately represents the findings and conclusions of the evaluation. These elements below are essential for producing a well-organized and informative final report that will effectively communicate the evaluation's results to NYSDOL Executives. The final report must include, but is not limited to, the following items:

a) Executive Summary: This section should provide a brief overview of the program evaluation and highlight its key findings, conclusions, and recommendations.

b) Introduction and Background: This section should introduce the program and background information that was evaluated and provide better context.

c) Evaluation Methodology: This section should describe the methods used to conduct the evaluation, including data sources, data collection methods, and data analysis techniques.

d) Program Description, Context, and Implementation: This section should provide a detailed description of the program, including its goals, objectives, activities, target population, and implementation.

e) Evaluation Results, Strengths, and Weaknesses: This section should present the results of the evaluation, including both quantitative and qualitative data, and provide an analysis of the program's performance and effectiveness.

f) Discussion and Analysis: This section should provide an interpretation and analysis of the evaluation results, including any trends, patterns, or findings that emerged from the data.

g) Conclusions, Recommendations, Opportunities for Improvement, and Roadmap for

Success: This section should summarize the main conclusions of the evaluation and provide recommendations for improving the program's performance and effectiveness. They should include a future roadmap for success.

h) Limitations: This section should identify any limitations or constraints that may have affected the evaluation, such as data quality issues or resource limitations.

i) Appendices: This section should include any additional information or data that was collected during the evaluation, such as survey results or interview transcripts.

Section 4: Proposal Response Requirements

To be considered eligible, Bidders must meet the mandatory bidder eligibility criteria outlined in Section 2 and submit a complete response to this RFP in conformance with the format and content requirements set forth herein. A Proposal that does not provide all material information requested in this Section may be deemed unresponsive and disqualified. The Proposal must contain sufficient detail to permit the evaluation team members to assess the Bidder's degree of understanding of the total requirements of each item. All Bidders are required to submit complete Technical, Cost, and Administrative Proposals.

To expedite review of the Proposals, Bidders are required to submit Proposals in separate Technical, Cost, and Administrative packages. This separation of information will facilitate the review of the material requested. Bidders are requested to keep their submissions to the shortest length consistent with making a complete presentation of qualifications and services they will provide to meet the requirements of the RFP. Proposals must contain sufficient information to assure NYSDOL of their accuracy.

Evaluations of the Technical, Cost, and Administrative Proposals received in response to this RFP will be conducted separately. Bidders are therefore cautioned not to include any information from the Attachment 4 - Cost Proposal, in the Administrative or Technical Proposal documents.

NYSDOL will not be responsible for any expenses incurred in preparing and submitting the Technical, Cost or Administrative Proposals. Such costs must not be included in the Proposal.

To ensure that all Proposals are evaluated on the same basis, Proposals must be organized in the sequence described below.

4.1 Technical Requirements

The purpose of the Technical Proposal is to determine the qualifications, competence, and capacity of the Bidder to perform the services contained in this RFP. The Technical Proposal should demonstrate the qualifications of the Bidder and of the consultant(s) to be assigned to provide services pursuant to this RFP.

The Technical Proposal consists of two parts: Mandatory Bidder Eligibility Requirements and Bidder Qualifications and Experience. Please provide the information in the same order in which it is requested. Proposals must contain sufficient information to assure NYS of its accuracy.

A. Mandatory Bidder Eligibility Requirements

Bidders are required to submit the following to ensure compliance with Section 2 - Mandatory Bidder Eligibility Requirements as well as by virtue of bidding agree to include the following:

i. Attachment 2 - Bidder's Certified Statements

Bidders must submit Attachment 2 - Bidder's Certified Statements, affirming their understanding of the RFP and certifying the Mandatory Bidder Eligibility Requirements specified in Section 2 and agreement to comply with those requirements.

Attachment 2 - Bidder's Certified Statements, includes information regarding the Bidder and must be signed by an individual authorized to bind the Bidder contractually. Please indicate the title or position that the signer holds with the Bidder. NYSDOL reserves the right to reject a Proposal that contains an incomplete or unsigned Attachment 2.

Note: Alteration of any language contained in Attachment 2 may render the Proposal non-responsive.

ii. Attachment 3 – References

Bidder must provide reference as requested in requested in Section 2.3.

B. Bidder Qualifications and Experience

Bidders must respond to all items below and in the same order as outlined below. Failure to provide responses to all items below will jeopardize the Bidder’s scoring and potential for selection.

A. Bidder Qualifications and Experience

Each Bidder shall submit resumes for chosen candidate(s), labeled as “Attachment 7” which will be evaluated as to the candidate(s)’s relevant project experience in past employment opportunities that show they have subject matter expertise relevant to RFP #Z-90, length of time as a consultant in the industry of evaluating programs or organizations, education, and professional certifications. It is highly recommended that any prospective Bidder review Section 3.3 above and consider all desired skills for an ideal consultant(s).

B. Sample Report

Each Bidder shall submit a Sample Report, labeled as “Attachment 5” that shall demonstrate their chosen candidate(s) analytical, communication, and technical skills in presenting data to a contracted entity. All the candidate(s) whose resumes are submitted in response to RFP #Z-90 - Consulting Services for Labor Standards Program must have worked to create the Sample Report. In the event not all the candidate(s) whose resumes are submitted in response to RFP #Z-90 have a single sample report that showcases their collective previous work, then multiple reports can be submitted to showcase the prior work of all the candidates. Failure to meet these requirements may result in a proposal being deemed non-responsive.

C. Questionnaire

Each Bidder shall complete Attachment 6 – Questionnaire as part of the technical process.

This questionnaire is intended to evaluate the Bidders on their project management and communication skills. As such this questionnaire shall be evaluated not just on information contained within, but also on its level of detail as well as spelling, grammar, and organization.

D. MWBE

It is highly desired that the vendor be a certified MWBE firm with New York State.

Vendors shall be evaluated on this metric by submitting proof of certification with the NYS MWBE Program as “Attachment 8.” A list of certified MWBE vendors may be found at the follow web address:

https://ny.newnycontracts.com/FrontEnd/searchcertifieddirectory.asp

4.2 Cost Requirements

Bidders must submit a completed and signed Attachment 4 – Cost Proposal. The Cost Proposal shall comply with the mandatory format and content requirements in Attachment 4. Failure to comply with the mandatory format and content requirements may result in disqualification.

Bidders must provide all pricing information requested on Attachment 4 and should not modify or change the Attachment. Any pricing or add-on costs that do not conform will be disregarded as extraneous, will not be evaluated, and cannot be charged to NYSDOL after award of a Contract.

Bidder’s pricing must hold firm throughout the life of the contract term, as well as any extension that may be required.

All costs associated with the requirements of the RFP must be incorporated into the Bidder’s Cost Proposal.