AMENDMENT #1 TO RFP AVAILABILITY & DISPARITY STUDY RFP #NCT MANDATORY PRE-PROPOSAL CONFERENCE 8/22/07

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1 AMENDMENT #1 TO RFP AVAILABILITY & DISPARITY STUDY RFP #NCT MANDATORY PRE-PROPOSAL CONFERENCE The following Amendment shall be made to the Request for Proposals: Amend the Scope of Service, Page 9, 1 st Paragraph. Add: Business Category of Goods (Materials and Supplies). The Study will analyze the availability and disparity of disadvantaged, minority and women owned firms in contracting, in light of the latest controlling legal precedents, on affirmative action in the business categories of: Construction (prime contracting and subcontracting); Design and Engineering (prime contracting and subcontracting); Professional Services (prime and subcontracting); General Services; and, Goods (Materials and Supplies). The following questions were submitted by the Final Questions and Answer deadline of August 22, 2007, 5:00 pm, AND include Questions and Answers raised at the Mandatory Pre-Bid meeting held August 22, Are the data to be examined for each entity limited to contracts (and corresponding subcontracts)? Answer: - NTTA: No procurements for goods and services will also be included. NOTE THAT THE INITIAL RESPONSE IN THE PRE-BID CONFERENCE WAS TO EXCLUDE COMMODITIES BUT SOME ENTITIES FELT IT WAS NECESSARY TO INCLUDE. AN AMENDMENT TO THE RFP WILL BE ISSUED. 2. Are "goods" to be covered in the disparity study? Page 9 of the RFP notes construction, design and engineering, professional services and general services. Goods is not mentioned (e.g., materials, supplies, equipment purchases). Answer: See answer #1 above 3. In the Background Summary for City of Arlington, information is not provided for construction, design and engineering and professional services? Is the study to include or exclude these procurement types? If the study is to include these types, what type of subcontracting data are available? Answer: CITY OF ARLINGTON - Yes, the study is to include design and engineering and professional services but the city will only have limited data available. Projects beginning in FY 2006 should be available electronically. All other documents are available in hard copy format; located in a variety of areas throughout the City. NOTE THAT ALL BUSINESS CATEGORIES LISTED IN THE PROPOSAL ARE APPLICABLE TO EACH ENTITY.

2 4. What subcontracting data are available for the City of Fort Worth for non-mbe/wbes? Answer: CITY OF FORT WORTH - Business name Business address Fax, Telephone, (if available) Scope of work performed on the project Total dollars paid on project 5. What subcontracting data are available for the City of Fort Worth for non-dbe/mbe/wbes? Answer: DO NOT UNDERSTAND THE INFORMATION YOU REQUIRE PLEASE SEE ATTACHED SHEET 6. What subcontracting data are available for the School District? Answer: Proposer is to assume that all data is available for each entity, but may not be in an electronic format. 7. What subcontracting data are available for the FTWA for non-dbe/mbe/wbes? Answer: See answer #6 above 8. What subcontracting data are available for the Tollway Authority? Answer: D/M/W/SBE subcontracting data is stored in an Access database. NTTA s Construction Management Consultant has the ability to provide information regarding 1 st tier non-d/m/w/sbe subcontractors. 9. Do any of the entities maintain a bidders list or require pre-qualification to bid? If so, what information is maintained on these firms? Answers: CITY OF FORT WORTH: The City of Fort Worth maintains a bidders list on construction projects. For the study period, only the water and sewer contractors are prequalified. The information maintatined includes contact information, previous/similar work and financial capability NTTA: NTTA s utilizes our own on-line vendor registration to derive a bidders list based on the commodity being procured. With respect to contract requiring qualification, unless the Authority elects to separately qualify bidders on a construction or maintenance project, only bidders qualified by TxDOT to bid on TxDOT s construction or maintenance contracts will be qualified to bid on the Authority s construction or maintenance contracts. CITY OF ARLINGTON: a. City of Arlington s Purchasing Division does not maintain a bidder s list. b. City of Arlington s Public Works Department does pre-qualified their bidders. Vendors are then placed on the bidder s list after a pre-qualification process. c. Water Utilities does maintain a pre-qualification list. Water Utilities does require that the vendor have some history in water and sanitary sewer instillation. d. Each list contains the Name of Company, address, phone/fax and/or address Page 2

3 FORT WORTH TRANSPORTATION AUTHORITY: The T maintains a bidders list of vendor, but there is no pre-qualification required to bid. The only exception is the bid bonding requirements on construction contracts. 10. What MBE/WBE, small business or other programs are in place at each entity? For what years of the study period and for which types of procurement? Answers: CITY OF FORT WORTH - The City of Fort Worth has had a M/WBE program since The procurement areas included in the program are construction, professional services and goods and services of $25,000 or more. NTTA The North Texas Tollway Authority s Business Opportunity Program and Policy (BOPP) were approved by the Board of Directors in August BOPP is comprised of two separate and distinct programs: the Disadvantaged Business Enterprise (DBE) Program for federally assisted procurements and the Small Business Enterprise (SBE) Program for locally funded procurements. NTTA s Small Business Enterprise (SBE) Program is a voluntary program adopted by the Board in 2002 as a result of the 2001 Availability and Disparity Study. The SBE Program is designed to encourage and facilitate the utilization of small business enterprises wishing to participate in non-federally funded procurements. CITY OF ARLINGTON: City of Arlington has no formal MBW/WBE program in place. FORT WORTH TRANSPORTATION AUTHORITY: In accordance with requirements of the U.S. Department of Transportation as set forth in Title 49 Part 26 of the Code of Federal Regulations (CFR), the Fort Worth Transportation Authority (The T), The T has a DBE program in place that has been approved by the Federal Transit Administration. 11. We recommend that the 12-month performance period noted in the RFP be just for preparation of the report and that additional time be provided for presentations. Is it possible to extend the contract period to allow for up to three presentation to each consortium member after a 12-month period to prepare the report? (This allows each entity flexibility in scheduling these presentations.) Answer: - This is acceptable. 12. On page 15, Part N.a. of the RFP, the request refers to "five projects." Should the listed information "i." through "v." be limited to five past disparity studies? Answers: - This is acceptable. 13. On the price proposal, may the consultant simply develop the budget using fully-loaded hourly rates (that already include overhead)? In other words, can direct salaries, overhead and profit be combined in a fully-loaded hourly rate? Answers: - This is acceptable. Page 3

4 ATTACHMENT FROM CITY OF FORT WORTH 5. What subcontracting data are available for the City of Fort Worth for non-dbe/mbe/wbes? Answer: INFORMATION BELOW IS AVAILABLE ON MBE, WBE AND DBE Scott-Davis Construction, LP Oakglen Trail AFFIDAVIT NUMBER: Fort Worth TX VENDOR NUMBER: PHONE:(817) FAX:(877) ETHNIC CODE: B COUNTY: Tarrant scott-davisconst@yaho.com SEX: F ALTERNATIVE ADDRESS: P.O. Box 26730, Fort Worth, TX STRUCTURE: Limited Partnership SERVICES: Concrete Curb and Gutter, Driveways, Ramps, Sidewalks and Paving SIC CODES: ;177102;177104; NIGP CODES: 91319;91347;91430; ; TITLE: Partner CONTACT: V. Scott CHIEF OFFICER: BONDING CAPACITY: $1,000,000. AVERAGE GROSS REVENUE: $350, TAX ID: CONFLICT INTEREST: TOTAL EMPLOYEE: 12 YEAR ESTABLISHED: 2005 ACCEPT CREDIT CARDS: No PHYSICAL ADDRESS: CERTIFICATION INFORMATION: CERTIFICATION NO: BFMB99999Y0808 CERTIFICATION SOURCE: NCTRCA SPECIALIST: MWBE Staff CERTIFICATION TYPE: MB APPLICATION DATE: 8/03/2007 COMPLETION DATE: 8/21/2007 EXPIRATION DATE: 8/21/2008 RECERTIFICATION: N SHORT EXPIRED: 0808 OLD CRTIFICATION NO: N APPEALED: N SITE REVIEW: Y PRIORITY: Y CERTIFICATION STATUS: Certif COMMENTS: 8/15/07 Agency called and spoke with applicant to inform that the 3 references listed on the application were not responding to the calls. Applicant apologize and provide 3 additional references. INTERNAL COMMENTS: priority status. 8/19/07 MWO called agency to verify status of application placed on Page 4

5 14. Should the price proposal be contained in a separate sealed envelope within the proposal submission package? Answer: No Include as described in Section C 15. How many members of the proposers team are allowed to attend the interviews scheduled for September 24 through the 28, 2007? Answer: The project manager and key team members only no more that 4. Anyone not actively involved in the presentation should not attend the interview. 16. Do any of the 6 agencies involved in this study maintain D/M/WBE and non-d/m/wbe subcontractor data? If so, how are those records maintained? (i.e. electronic vs. hard copy) if maintained electronically, what systems are being utilized to maintain the data? Answer: See questions 4 through 8 from BBC Research on page Do any of the 6 agencies involved in this study have an expectation of the consultant to reconstruct subcontractor data that is not present in the records currently being maintained? Answers: CITY OF FORT WORTH: The consultant will not be required to reconstruct subcontractor information city staff will provide all data required. CITY OF ARLINGTON: NTTA: For D/M/W/SBE subcontracting data no. If there is a need to place the hard copy documents regarding 1 st tier non-d/m/w/sbes currently maintained by NTTA s Construction Management Consultant in electronic format yes. FORT WORTH TRANSPORTATION AUTHORITY: The T does not have any expectations regarding the reconstruction of subcontrator data unless it is needed as a part of data analysis. Should the need arise; T staff will assist as needed. 18. Of the 6 agencies involved in this Study, can procurement budgets be identified for each of those agencies? Answer: Yes NTTA: NTTA: 03 - $171.6M, 04 - $133.2M, 05 -$216.1M, 06-$223.4M 19. How much has the Consortium members budgeted for the completion of this disparity study? Answer: This is what is being asked of the proposer. A not to exceed amount and how the cost should be distributed among consortium members is what should be included in the proposal. See page 16 of the RFP. Page 5

6 20. How many copies of the work sample must be submitted with the proposal response? Should the work sample also be included on the CDs? Answer: Work sample shall be included on the CD version only. 21. If the proposer is an MBE, can this be counted toward the DWMBE subcontracting goal? Answer: Yes, IF the MBE is certified with one of the two agencies listed in the RFP 22. What is or where can we find the State of Texas policy on payment of travel expenses? (This was referenced on page 16 of RFP, item C under Price Proposal). Answer: On page 9, in the section on business categories to be used for analysis, there is no mention of goods and supplies. Answer: See page 1, question #1 24. On page 12, in the section titled Reporting, under A. Monthly Progress Reports, the fifth bullet point, please explain item c, disparities must be examined by industry and not just businesses generally. Answer: The disparity analysis should include the general business categories listed in the RFP and include a subset analysis of the various industries included in the business category. Example, the business category is Construction; the subsets include Highway, Bridge, Building, etc. 25. Study Requirements, page 9 indicates that Construction, Design & Engineering, Professional Services, and General Services will be analyzed for purpose of the study. Shall we assume that concessions will not be analyzed as a part of this study? Answer: DFW will include concessions program. Please prepare separate scope of services for DBE concessions. 26. While each entity responded to the approximate number and/or dollars issued by business category in the RFP; overall, approximately how much was awarded and expended from FY03 to FY07 for each entity? Answers: CITY OF FORT WORTH - Approx. $720,000,000 CITY OF ARLINGTON: NTTA: FORT WORTH TRANSIT AUTH: Just for a rough estimate, approx. $35,000,000 This reflects contract in excess of $25,000, which require board action. Bus purchases excluded Page 6

7 27. Background Summary City of Arlington, page 2 indicates that the Financial Services/Purchasing Division can provide electronic copies of formal bids, please define electronic format (e.g., Word, Excel, PDF). Answer: Electronic copies should be available in Word, and/or Excel, PDF format. 28. City of Arlington Organization Chart, page 3 indicates that Financial Services reports to the Strategic Support and Public Works & Transportation reports to Capital Investment. Shall we assume that the City of Arlington s procurement process is decentralized? Answer: Yes, the City of Arlington s procurement process is decentralized with purchasing functions handled through Financial Services, Public Works and Transportation, and Water Utilities. 29. What is the database management or financial reporting system that the City of Arlington uses to track awards and payments to prime contractors? Answer: As of January 2006 payments are processed through Lawson Software Inc. Version: 3.1.; prior to 2006 payments were processed through Local Government Financial Software (LGFS) and AMS (Advantage Management System) 30. Background Summary City of Fort Worth, page 3 indicates an electronic file of all Waivers granted please define electronic format. Answer: CITY OF FORT WORTH - Word document 31. Background Summary City of Fort Worth, page 2 indicates that Construction, Design & Engineering, Professional Services, Services, and Supplies are available in electronic format, please define electronic format (e.g., Word, Excel, PDF, delimited). Answer: CITY OF FORT WORTH - Previous years subcontract data is on Excel, but majority of data is Access 32. Background Summary City of Fort Worth, page 3 indicates that Projects less than $25,000 may only be available in hard copy or lost due to normal records destruction. Please explain the protocol for records destruction. Answer: CITY OF FORT WORTH - After 3 years, purchase orders are destroyed (unsuccessful bid are destroyed after 2 years). 33. How is the City of Fort Worth s bid tabulation data maintained (such as in contract files, PDF)? Answer: CITY OF FORT WORTH - Excel to PDF 34. What is the database management or financial reporting system that the City of Fort Worth uses to track awards and payments to prime contractors? Answer: CITY OF FORT WORTH - BuySpeed 35. Background Summary Dallas/Fort Worth Airport (DFW), page 3 indicates that DFW has recently moved to a tracking and reporting system hosted by the consultant offsite. When did the contract with B2GNow begin? Also, what years (based on DFW s fiscal years) are currently stored in this tracking and reporting system? Page 7

8 Answer: DFW AIRPORT 36. What is the database management or financial reporting system that Forth Worth Independent School District uses to track awards and payments to prime contractors? Answer: FORT WORTH ISD 37. Does Fort Worth Independent School District have a centralized or decentralized procurement process? Answer: FORT WORTH ISD 38. How is bid tabulation data maintained for the Fort Worth Independent School District? Is this data maintained in a decentralized or centralized location? Answer: FORT WORTH ISD 39. What is the database management or financial reporting system that the Fort Worth Transportation Authority uses to track awards and payments to prime contractors? Answer: FORT WORTH TRANSIT AUTHORITY: The T utilizes an Ellipse Reporting System and Access Database 40. Is the Fort Worth Transportation Authority s procurement process (which includes Construction and Design & Engineering) centralized or decentralized? Answer: FORT WORTH TRANSIT AUTHORITY - Centralized 41. Background Summary Fort Worth Transportation Authority, page 3 indicates that FY2004 and before are hard copy archive. How long does it typically take to retrieve this archived data? Answer: FORT WORTH TRANSIT AUTHORITY: We will need at least 2 weeks notice to make hard copy data available. 42. Which of the entities included in the study maintain the ethnic group classification, gender classification, certification type, and/or certification status of vendors? Please explain which classifications are maintained for each entity. Answers: CITY OF FORT WORTH - City of Fort Worth maintains all of the above listed information on MBEs and WBEs and DBEs CITY OF ARLINGTON: If vendor provides a copy of their HUB Certification Financial Services will enter the ethnic group classification and gender classification within the City s Financial System Lawson. NTTA: All of the above on D/M/W/SBEs FORT WORTH TRANSIT AUTH: The T maintains this data as a portion of the information received from the NCTRCA database. Page 8

9 43. Which of the entities included in the study require the prime to be pre-qualified? Also, in what format are the pre-qualifications list maintained? Answers: CITY OF FORT WORTH - City of Fort Worth pre-qualifies water and sewer contractors only. This information is maintained for five years. CITY OF ARLINGTON: City of Arlington s Public Works Department does pre-qualified their bidders. Vendors are then placed on the bidder s list after a pre-qualification process. Water Utilities does maintain a pre-qualification list. Water Utilities does require that the vendor have some history in water and sanitary sewer instillation. NTTA: With respect to contracts requiring qualification, unless the Authority elects to separately qualify bidders on a construction or maintenance project, only bidders qualified by TxDOT to bid on TxDOT s construction or maintenance contracts will be qualified to bid on the Authority s construction or maintenance contracts. FORT WORTH TRANSIT AUTH: The T does not pre-qualify except in the case of bonding requirements in construction contracts. 44. Do any of the entities maintain a list of approved vendors? If so, which entities have a list, how is the list stored and in what format, and how is it retrieved? Answers: CITY OF FORT WORTH - Any firm may register on the City s vendor list to do business with the City of Fort Worth. The vendor registration is part of the BuySpeed system. CITY OF ARLINGTON: No and yes, as City of Arlington is a decentralized model. See question 19. NTTA: NTTA utilizes our own on-line vendor registration to derive a bidder s list based on the commodity being procured. The information is retrieved via Crystal Report and exported into Excel. FORT WORTH TRANSIT AUTH: The T does not maintain a list of approved vendors. 45. How are subcontractor data maintained (hard copy vs. electronic) for each entity included in the study? Are awards and/or payments made to subcontractors tracked? If so, in what format are the award and/or payment data stored? Answers: CITY OF FORT WORTH - Current contracts are in Access and historical info is Excel ($25,000 and up). Only payments to M/WBEs listed on contracts $25,000 and up are tracked in Access. Total dollars paid are tracked for Non-M/WBEs in Access (historical data in Excel) Page 9

10 CITY OF ARLINGTON: Current contracts are available electronically for FY 06 and 07. ($25,000 and up). If vendor has identified as an M/WBE the payment status will be available electronically beginning January 3, NTTA: Subcontractor data is in Access. Awards and payments to D/M/W/SBEs are tracked. Awards and payments to non-d/m/w/sbes are not tracked. FORT WORTH TRANSIT AUTH: The T s current contracts are maintained in an ACCESS database and hard copy. Payments are also tracked and that information is stored in an ACCESS database. 46. Has the City established a budget for this study? If so, what is the amount? Answers: CITY OF FORT WORTH: A budget has been requested for FY 07/08, but not approved by the City Council budget approval is in September 07. CITY OF ARLINGTON: No. NTTA: Yes, but that amount will not be disclosed at this time. FORT WORTH TRANSIT AUTH: 47. On page 11 the period of performance is for 12 months for conducting the overall study and on page 12 NCTCOG has the option to expand the scope of service to add additional members to the consortium. It is our assumption that there might be other members beyond these six consortium members who will be joining in the middle of the study? Answer: This particular RFP is for the six agencies represented for the 12 month period. Should NCTCOG decide to represent additional agencies to conduct a disparity study within the next 24 months we are asking is that the proposal price submitted remains for that 24 month period. Additional agencies added will have a separate time period for completion of a study. 48. Is the consortium looking for a separate report for each agency? Answer: Yes 49. Is each one to be a full blown study? Answer: Yes 50. Is approval of the study cost from each jurisdiction required before the study starts? Answer: Yes Page 10

11 51. If an agency pulls out can we change our price? Answer: All six agencies have entered into a letter of agreement with NCTCOG to participate in this study. If an agency doesn t participate, a revised cost proposal will be discussed during contract negotiations. Page 11

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