Issue Date: 7/27/2015 Proposal Inquiry Deadline: 2:00 p.m. Response Deadline: 2:00 p.m.

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1 Request for Proposal # Small and Disadvantaged Business Enterprise Program North American Industrial Classification System (NAICS) Code Review and Certification Audit to the Disadvantaged Business Enterprise (DBE) Program Issue Date: 7/27/2015 Proposal Inquiry Deadline: 2:00 p.m. Response Deadline: 2:00 p.m.

2 Table of Contents PART I. BACKGROUND INFORMATION... 1 PART II. SCOPE OF SERVICES... 2 PART III. TIMELINE... 5 PART IV. PROPOSAL REQUIREMENTS... 5 PART V. PROPOSAL SUBMISSION REQUIREMENTS... 8 PART VI. PROPOSAL INQUIRIES PART VII. PROPOSAL SCORING PART VIII. PRELIMINARY TIMELINE PART IX. GENERAL TERMS AND CONDITIONS SIGNATURE PAGE ATTACHMENT A... 17

3 Part I. Background Information The North American Industrial Classification System (NAICS) is a six-digit code used by business and government to classify and measure economic activity in Canada, Mexico and the United States. Ohio s Disadvantaged Business Enterprise (DBE) program, implemented in accordance with 49 CFR Part 26, et seq., uses NAICS Codes to distinguish the areas of work in which an applicant firm is to be certified. Prime contractors seeking to fulfill DBE participation goals must use firms certified in a particular area of work as defined by the NAICS Code. Firms applying for DBE certification through Ohio s Unified Certification Program (UCP) must provide information during the application process to identify the types of goods supplied and/or services performed. The types of work a firm can perform must be described in terms of the most specific available NAICS Code for that type of work. A correct NAICS Code is one that describes, as specifically as possible, the principal goods or services which the firm would provide. See 49 CFR 26.71(n)(1). Applicant firms may apply for certification under as many NAICS Codes for which they meet eligibility requirements. DBE firms may only be certified in NAICS Codes for which the socially and economically disadvantaged owners have the ability to control. To become certified in an additional type of work, the firm must demonstrate that its socially and economically disadvantaged owners are able to control the firm with respect to that type of work. See 49 CFR (n). In addition, NAICS Codes also determine the size standard applied to the firm. Firms that exceed the U.S. Small Business Administration Size Standards for the NAICS Codes in which they are certified will no longer be eligible for that particular NAICS Code. For example, if a DBE certified in highway, street and bridge construction (NAICS Code ) and Poured Concrete Foundation (NAICS Code ) grows to the point where it exceeds the size standards governing NAICS Code , the firm can no longer participate as a DBE in poured concrete foundation work, but could continue to participate as a DBE in highway, street and bridge construction. Federal regulations also allow for a review of a DBE s certification, including a new on-site review, as a result of changed circumstances, a complaint or other information concerning the firm s eligibility. See 1

4 49 CFR 26.83(h)(2). During such a review, DBE firms must demonstrate that it meets size, disadvantaged status, ownership and control requirements as set forth in 49 CFR Part 26, Subpart D. Part II. Scope of Services The Ohio Department of Transportation (ODOT) is seeking a qualified Consultant (or joint venture) to review current DBE certifications 1 within the Ohio UCP to verify DBE firms are certified with the correct NAICS Codes, that the DBE firms are properly certified in accordance with federal regulations and to recommend all necessary modifications/corrections that are needed in order to become compliant with federal regulations. As a part of this process, the Consultant will be required to perform at a minimum the following tasks: (1) Review the list of certified DBE s (list will be provided by ODOT) and conduct an initial file review to determine if the firm is properly certified in accordance with 49 CFR 26 Subpart D, if the currently assigned NAICS codes are correct 2 and/or if additional follow-up information is needed. 3 The Consultant must also determine whether the DBE firm has exceeded the cap size for any NAICS Code for which it is eligible. 4 Provide ODOT a recommendation regarding whether each firm is properly certified as a DBE and a recommendation on what NAICS codes should be assigned to each firm. The Consultant should provide any recommendations regarding modifications or corrections necessary for ODOT to become compliant with federal regulations. (2) Conduct on-site visits (reviews) to the office(s) of any DBE firms when the Consultant determines that an on-site review is necessary in order to gather additional information to provide a 1 Only those firms who are both certified DBEs, and work or have done work on ODOT projects are being considered in this analysis ( ODOT DBE s ). There are currently approximately 344 certified DBE firms that work or have done work for ODOT. There are additional firms in the UCP system who will not be reviewed under this RFP. A list of all currently certified DBE firms can be located at: 2 ODOT will provide the Awarded Consultant with a NAICS Code Sheet reflecting the most frequently requested codes, broken out by types of work, with corresponding ODOT Work-types and cap sizes. 3 ODOT currently maintains data on certified DBE firms via hard-copy paper files. Some DBE data is currently available electronically through the Civil Rights & Labor system, although the majority of supporting documentation is currently only available in hard-copy format. 4 A repository of information concerning firms in ODOT s DBE program can be found in ODOT s Central Office: 1980 West Broad Street, Columbus. The awarded vendor will have full access to these documents on site but will be expected to maintain their confidentiality. ODOT will not allow files to be removed from ODOT Central Office. 2

5 recommendation on the DBE s certification status or NAICS code assignment 5. The purpose of the on-site visit shall be to substantiate the findings of the Consultant during their review of the firm s paper file or to gather additional information needed to make a final recommendation on the firm s certification or NAICS code assignment. The Awarded Consultant shall consult with ODOT prior to conducting any on-site reviews in order to confirm the necessity of the on-site review. ODOT will direct the consultant on whether an on-site is necessary and the Consultant shall not conduct any on-site reviews unless it has received prior approval from ODOT. For each on-site visit conducted, the Consultant shall utilize and fully complete all applicable sections of the On-Site Review Form (Attachment A). The Consultant shall also document and report back to the Department any additional information or findings obtained during the on-site visit that would aid to affirm or reverse the Consultant s initial review of the firm s eligibility for DBE certification status. At the conclusion of any on-site visit conducted, the Consultant shall provide a detailed report of their findings back to the Department within no greater than five (5) business days. The report must contain the Consultant s final recommendation to the Department regarding the firm s eligibility status based on 49 CFR Part 26, Subpart D. Where the Consultant s recommendation is to proceed in removing a firm s DBE certification status, the Department intends to conduct a final on-site visit prior to providing notice to a firm of the Department s intent to remove their certification status. (3) As a means to track and report project progress to the Department, the Consultant must maintain an up-to-date spreadsheet (in excel format) that includes at a minimum all of the following information: a. DBE Firm Name b. Consultant s Review Status (e.g. Not Started, File Being Reviewed, File Review Complete, On-Site Visit Scheduled, On-Site Visit Completed, On-Site Report Submitted, etc.) 5 ODOT expects that an on-site review will be necessary in the event the Consultant identifies an affiliation between the DBE firm and a non-disadvantaged individual or company, where such affiliation calls into question the disadvantaged individual s control of the business. ODOT also expects that an on-site review will be necessary for material suppliers, in order to identify and verify which products it regularly deals in. Also, DBE firms that have not had an on-site review in the last five years may require a follow-up on-site review. 3

6 c. Firm s current NAICS codes d. Consultant s recommended NAICS codes e. Removed NAICS codes (if any) f. Actual Completion Dates for File Reviews, On-Site Visits, Final Report, etc. g. Additional Notes and Information The Consultant shall submit a draft template of this spreadsheet for the Department s approval prior to beginning the review of any files. The Department shall have the ability to add and/or subtract information from this report based on its expressed needs for this spreadsheet. The Department will require an updated spreadsheet approx. every two (2) weeks once the Consultant has begun reviewing certification files. (4) Generate a final report detailing the overall impact to the reviewed DBE Firms as a result of the certification and NAICS Code review. The report should include a list of the number of DBE firms affected, number of NAICS Codes removed/replaced, type of work affected, certifications affected and any other relevant data. A draft final report should be submitted to the Department by no later than December 15, The Department reserves the right to make comments/changes/suggestions and have the Consultant update the report with any requested information. The Department will submit any changes needed for the final report to the Consultant by no later than December 18, This final report shall be submitted to the Department by no later than December 31, (5) The Consultant may also be requested to attend one to three meetings with ODOT DBE s, Prime Contractors, the Ohio Contractors Association, and/or other stakeholders to explain the certification and NAICS review process completed by the Consultant and the information contained within their final report. 4

7 Part III. Timeline RFP No By no later than December 31, 2015, the Awarded Consultant(s) shall complete a Certification Audit (file and on-site reviews), NAICS Code Review, and Final Report for the total number of DBE firms awarded to the Consultant for review. ODOT will provide the Awarded Consultant with the list of firms and shall reserve the right to prioritize the review order of the list of DBE firms provided by the Department to the Awarded Consultant. All tasks listed in Part II above must be completed by the Awarded Consultant by the December 31, 2015 deadline. TIME IS OF THE ESSENCE. Part IV. Proposal Requirements A. Implementation/Management Plan ODOT will determine whether the Responding Consultant is qualified to perform the services being contracted based upon their proposal demonstrating satisfactory experience and capability in the work area. The Responding Consultant shall identify necessary experienced personnel to support the activities associated with this proposal. Responding Consultants shall submit a Statement of the Responding Consultant s understanding of the scope and its capabilities to perform the requirements of this RFP, along with a narrative of how the Consultant intends to implement and manage each of the tasks set forth in this RFP. Provide a technical description of the methodology anticipated in the performance of the services described in Part II above. Other innovative and creative approaches to accomplish the goals of the contract will be given consideration and should also be included in this section. B. Organizational Structure The Responding Consultant must provide the names and résumés of each individual that will be working on the RFP. Designate the individual who will be committed to ensuring performance of all tasks under the prospective contract ( Project Manager ). Provide a résumé and contact information for the Project Manager. List any other professionals who will be given key responsibilities in fulfilling the 5

8 requirements necessary to perform the services. Provide supporting documentation, such as a résumé, for each individual summarizing their experience on similar assignments or projects. Each résumé must identify each employee with the years of service, educational background, the duties and responsibilities for that employer, and a phone number for a contact person. Identify each individual and the percent of time that each person would be assigned to each major task in the Scope of Services. If a joint venture or partnering effort between multiple firms is being proposed in order to complete this project, the full details of the partnership (i.e. who will be performing what duties/tasks) need to be disclosed within the submitted proposal documents. C. Cost Proposal The Responding Consultant shall develop and submit a SEPARATELY SEALED Cost Proposal as part of the Proposal Package. Any proposal in which this Cost Proposal is not included shall be considered non-responsive and ineligible for review and award. The Responding Consultant s completed Cost Proposal shall become a part of the agreement upon award of any contract. The Cost Proposal shall be submitted in a form that substantially conforms to the following: The Responding Consultant shall provide both a cost per DBE firm to perform all necessary services to complete the initial file review for a number (tier) of DBE firms and an hourly rate for any necessary onsite reviews. Additionally, rationale for how the Consultant came to their submitted cost proposal shall be submitted. The Responding Consultant shall be solely responsible for only providing pricing for up to the total number of DBE firms it can commit to perform all required tasks associated with Part II above by no later than December 31, Due to the time is of the essence nature of this project, a Consultant s failure to complete all tasks by the project deadline could result in the assessment of liquidated damages. An itemized breakdown of the pricing may be requested upon award of the contract. All hourly costs/rates submitted by the Consultant associated with providing the initial file review and onsite reviews shall be inclusive all travel expenses and incidentals. Additional costs will NOT be approved by the Department. 6

9 Number of DBE Firms Responding Consultant Commits to Review by December 31, 2015 (Must submit pricing for EACH tier up to the maximum amount of firms the Consultant can complete by the Dec. 31st project deadline) Cost Per Firm for Initial Desk/File Review 1-50 Firms $ $ Firms $ $ Firms $ $ Firms $ $ Firms $ $ Firms $ $ Firms $ $ Hourly Rate for any Necessary On-Site Reviews (must provide for each personnel classification) Responding Consultants must submit pricing for all tier levels up to the maximum amount of firms the Consultant commits to be capable of completing by the project deadline. Example: If Consultant submits pricing to complete a maximum number of firms falling between the tier level, they must also submit pricing for EACH of the tiers preceding the tier (i.e , , etc.). A Responding Consultant could receive less firms than the maximum number of firms bid by the Consultant. D. Experience The Responding Consultant shall provide evidence demonstrating prior knowledge and experience with the DBE Program, DBE Certification, NAICS Codes and General Accounting Practices and Principles. A professional resume must be submitted for each team member who will be completing file reviews and performing on-site reviews. The resume shall detail applicable experience that supports their ability to complete the work items outlined in this RFP. Additionally, a Responding Consultant must submit a 7

10 minimum of three (3) professional references for organizations in which they have completed similar work for within the past five (5) years. Contact information must be provided for these organizations. The work performed for these organizations must be pertinent to the scope of services outlined in this solicitation. The Department will not award a contract to a Consultant whose submitted references are not able to be verified. Part V. Proposal Submission Requirements A. Proposal Due Date and Delivery Sealed offers to perform the services outlined in this Request for Proposal will be received until 2:00 PM eastern time on Tuesday, August 18, 2015 at the following location: Ohio Department of Transportation Office of Contract Sales, Purchasing Services, 1 st floor 1980 W. Broad Street Mail Stop 4110 Columbus, OH Office Hours: 7:30 a.m.-4:00 p.m. (Monday-Friday) No proposals will be accepted after the time specified. No facsimile transmissions will be accepted. ODOT reserves the right to reject any or all proposals. Timely receipt of proposals will be determined by the date and time the proposal is received at the exact address specified. Receipt of proposals in ODOT Mail Room or any other ODOT office shall not be considered timely. NO EXCEPTIONS. Hand delivery is strongly encouraged to assure timely receipt. Proposals received after the deadline will be returned unopened to the sender. All materials submitted in accordance with this solicitation become the property of the State of Ohio and shall not be returned. All materials submitted in accordance with this solicitation shall remain confidential until a contract is executed with the Selected Consultant at which time all submitted information becomes a part of the public record (unless information is otherwise protected by law). 8

11 For proposal identification purposes, all submitted materials must be properly labeled on the outside of the envelope with the following specifics: Request for Proposal No Opening Date: August 18, 2015 (unless otherwise changed by Addendum) NAICS Code Review and Certification Audit Responding Consultant s Full Legal Name and Contact Information The Department will not be held liable for proposals that are not opened due to the Responding Consultant s failure to properly mark the outside of their proposal package with the above information. B. Proposal Package Contents Responding Consultants must include the following in the sealed Proposal package: 1. One (1) Original Proposal with all required forms containing original signatures (Must be marked as an original on the cover page); 2. Four (4) Copies of the Proposal and Separately Sealed Pricing (Each must be marked as a copy on the cover page); 3. One Electronic Copy of Entire Proposal with Pricing (Can be included on CD/DVD or flash drive) in.pdf format 4. One Electronic, Redacted Copy of your Proposal that removes all trade secrets or proprietary information. (File name must indicate redacted version) Please Note: A Responding Consultant cannot claim that its entire Proposal and/or Pricing are trade secrets. C. Signature Page An original, signed Signature Page, located on page 16 of this RFP, must be included with the Responding Consultant s submitted response to this RFP. Submitted proposals not containing a signed signature page will be rejected and deemed non-responsive. 9

12 Part VI. Proposal Inquiries Responding Consultants may submit questions/inquiries regarding this proposal via the ODOT Office of Contract Sales Pre-Proposal Question website, available at the following URL: ODOT will post replies to Responding Consultant-submitted questions typically within two (2) business days after receipt. Replies are available for viewing at the following URL: Proposal Inquiries will not be accepted after Tuesday, August 11 th at 2:00 p.m. There is no deadline for administrative questions. Part VII. Proposal Scoring It is the intention of the Department to award contracts to one or more Consultants that possess the experience and resources available to review the total number of DBE firms (estimated at 350) by the set completion date of December 31, Consultants will be scored in a two-step process. The first step of the process will include an evaluation of the Consultant s Implementation/Management Plan, Organizational Structure and Experience. Consultants will receive a score of 0-5 with a 0 being nonresponsive and a score of 5 being exceptional. Only those firms receiving an average overall score of 3 (Average) or higher will be considered further. The selection committee will then review each Consultant s cost proposal. Cost proposals will receive a score of 0-5, with the lowest cost proposal receiving a score of 5. The selection committee will use the following factors weighted as shown: 1. Implementation / Management Plans 30% a. Demonstrates a clear understanding of the required tasks via a clearly delineated plan of action. b. Plan of action includes a timeline for completion of each assigned task. Demonstrates ability to complete all required tasks within the designated timeframe. 10

13 c. Plan of action demonstrates clear understanding of federal regulations governing the DBE program, to wit 49 CFR Part 26, et seq. 2. Organizational Structure - 15% a. Experience of key personnel on the management team, including the extent and relevance of qualifications and experience related to the specific assignment under consideration. b. Staffing configurations and other documentation to support team credentials and performance. c. Staffing levels support amount of firms Responding Consultant bid to review. d. Responding Consultant has DBE certification, Ohio MBE Certification, or plans to partner with Ohio MBE and DBE entities within the State of Ohio. 3. Experience - 25% a. Responding Consultant clearly demonstrates that it has the experience, knowledge, and resources to successfully complete this project. b. Evidence showing that the Selected Consultant has the expertise to complete the project successfully. Prior experience with the DBE Program, DBE Certification, Accounting experience and experience with NAICS codes will be considered in scoring. Positive and verifiable references were submitted in the Responding Consultant s proposal. 4. Cost proposal - 30% a. Competiveness of Responding Consultant s pricing plan. b. Responding Consultant has submitted rational for how they arrived at their submitted pricing. Proposals will then be ranked in order, with the highest scoring proposal receiving a rank of 1 and so on. It is the intention of the Department that Responding Consultants will be awarded a contract for the maximum number of DBE firms it submitted pricing for in its Proposal. However, the Department shall reserve the right to reduce the amount of firms awarded to the Responding Consultant if, in the opinion of the Department, the Consultant does not possess adequate resources to review and complete the maximum 11

14 amount of firms bid by the project deadline of December 31, If the highest scoring Proposal committed to review less than 350 DBE firms, the next highest scoring Responding Consultant will be awarded up to the maximum number of DBE firms it submitted pricing for in its Proposal until a total of 350 DBE firms is reached. Part VIII. Preliminary Timeline The following is a preliminary timeline for the procurement of services. These dates are subject to change at ODOT s sole discretion. A. Deadline For Technical Questions Tuesday, August 11 th at 2:00PM B. Completed Proposals Due Tuesday August 18 th at 2:00PM Eastern Standard Time C. Scoring And Evaluation Meetings August 19 th -August 21 st D. Award Results Sent To All Responding Consultants Week of August 24 th (the remainder of this page has been intentionally left blank) 12

15 Part IX. General Terms and Conditions A. All expenses incurred by Responding Consultant in responding to this RFP shall be borne by the Responding Consultant. In no event shall ODOT be responsible for any such expenses. B. Addenda may be issued in response to changes in the RFP and at the sole discretion of the Department. All issued addenda must be submitted in the Responding Consultant s completed proposal package. Failure to properly acknowledge all issued addenda will result in the proposal being deemed non- responsive and ineligible for award. C. In order to protect the integrity of the RFP process, proposals shall not be prepared, completed or altered on ODOT premises. Any proposal which is prepared, completed or altered on ODOT premises may be disqualified. D. Responses to this RFP will not be opened publicly. Responding Consultants will be notified of advancement through the RFP process as described in this RFP. E. Responses may not be amended after they are received by ODOT. F. ODOT is exempt from federal excise taxes and all state and local taxes. Responding Consultant shall not charge or withhold any taxes on commodities, goods, or services provided to ODOT. G. The Director of ODOT reserves the right to reject any and all proposals submitted. Additionally, the Director may cancel and/or re-issue this RFP at any time. H. Any of the following reasons may be considered sufficient for rejection of a proposal: 1. Responding Consultant or any subsidiary or related company submits more than one proposal for the same RFP under the same or different name. 2. Responding Consultant colludes in any manner in responding to this RFP. ODOT will not award a contract for goods or services to a Responding Consultant who has been suspended or debarred from doing business with the State of Ohio or who appears on the Federal List of Excluded Parties Listing System. I. ODOT will not enter into a contract with any Responding Consultant who has provided material assistance to any organization on the United States, Department of State s terrorist exclusion list. J. ODOT will not enter into a contract with any Responding Consultant who is subject to a finding for recovery under Ohio Revised Code Section The successful Responding Consultant will be required to affirm that it is not subject to a finding for recovery prior to executing a contract pursuant to this RFP. K. Responding Consultant may be disqualified from consideration if, as applicable to it, any party listed in Division (I) or (J) of Section of the Revised Code or spouse of such party has made, as an individual, within the two previous calendar years, one or more contributions totaling in excess of $1, to the Governor or to his campaign committees. L. Responding Consultant shall comply with all applicable state and federal laws regarding drug-free workplace. The Responding Consultant shall make a good faith effort to ensure that its employees, while working on state property, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way. 13

16 M. Responding Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, disability, sexual orientation, gender identity, genetic information or age. Responding Consultant will ensure that applicants are hired and that employees are treated during employment without regard to their race, religion, color, sex, national origin, disability, sexual orientation, gender identity, genetic information or age. Such action shall include, but not be limited to, the following: Employment, Upgrading, Demotion, or Transfer; Recruitment or Recruitment Advertising; Layoff or Termination; Rates of Pay or other forms of Compensation; and Selection for Training including Apprenticeship. N. Responding Consultant shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Responding Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Responding Consultant, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, disability, sexual orientation, gender identity, genetic information or age. Responding Consultant shall incorporate the foregoing requirements of this paragraph in all of its contracts for any of the work prescribed herein (other than subcontracts for standard commercial supplies or raw materials) and will require all of its subcontractors for any part of such work to incorporate such requirements in all subcontracts for such work. O. Responding Consultant agrees to fully comply with Title VI of the Civil Rights Act of 1964, 42 USC Sec Responding Consultant shall not discriminate on the basis of race, color, or national origin in its programs or activities. The Director of Transportation may monitor the Responding Consultant s compliance with Title VI. P. Responding Consultant shall comply with the requirements of Ohio Ethics law as provided by Section and of the Ohio Revised Code. Q. Responding Consultant shall comply with Executive Order K issued by Ohio Governor John R. Kasich and shall abide by those requirements. R. Responding Consultant shall maintain all records and files generated as a result of this RFP. All records are to be considered the property of ODOT and shall be made available to ODOT staff on or off of Responding Consultant s premises for review and audit. Upon completion of the contract, the Responding Consultant shall deliver all records and files to ODOT in a format to be determined by ODOT (allowing for electronic vs. paper) or otherwise shall dispose of them as directed by ODOT. S. Responding Consultant shall permit ODOT or its designee access to all original books, records, invoices, and accounting procedures and practices of the Responding Consultant relevant to this RFP. The Responding Consultant s financial records shall be kept in accordance with Generally Accepted Accounting Principles (GAAP). The Responding Consultant shall retain all records for three years after the termination of a contract with ODOT. T. Responding Consultant shall, when requested, provide the name and version of all financial software, program software, and inventory software to be used by the Responding Consultant for this RFP. The Responding Consultant must also demonstrate sound IT security and data retention policies, and comprehensive data recovery and back up plans to prevent unauthorized access or destruction of data. U. No person, broker or selling agency shall be employed, retained or given anything of monetary value to solicit or secure this contract, except bona fide employees of ODOT. For breach or violation of this provision, ODOT shall have the right to reject the proposal or annul any resulting contract. V. Responding Consultant shall clearly mark any information submitted through this RFP process in 14

17 which the Responding Consultant considers either proprietary or a trade secret. A trade secret is defined in Section (D) of the Ohio Revised Code. ODOT shall not be held responsible or liable in any way for a Responding Consultant s failure to follow all instructions regarding trade secrets and proprietary information contained herein. Responding Consultants cannot mark their entire proposal as a trade secret. W. The Responding Consultant will not assign any of its rights nor delegate any of its duties and responsibilities under any resulting Contract without prior written consent of the State. Any assignment or delegation not consented to will be deemed void by the State. X. The Responding Consultant understands that by submitting a proposal in response to this solicitation it is submitting an offer to perform the services outlined herein. If awarded a contract as a result of this solicitation, the Responding Consultant s submitted offer (i.e. proposal) shall become incorporated fully into any resulting agreement. This offer to perform cannot be rescinded by the Responding Consultant once the Department has opened proposals. The Responding Consultant is responsible for notifying ODOT Purchasing Services of its intent to cancel its offer to perform services on or prior to 1:00 p.m. on the date proposals are due. If a request to cancel its offer to perform is submitted by the Responding Consultant in accordance with the requirements set forth above, the submitted proposal package will be mailed back to the Responding Consultant unopened. Y. Any person submitting a response to this Request for Proposal in a representative capacity hereby warrants that he/she has been duly authorized by his/her principal to submit this offer to perform services on such principal s behalf. (the remainder of this page has been intentionally left blank) 15

18 Sealed offers to this Request for Proposal must be received at the following address on or before 2:00 P.M. on the opening date. State of Ohio, Department of Transportation Office of Contracts, Purchasing Services 1980 W. Broad Street, 1 st floor, Mail Stop 4110 Columbus, OH Office Hours 7:00 a.m. to 4:30 p.m., M-F SIGNATURE PAGE Request for Proposal # Failure to return all the pages, including any issued addenda, of this RFP and sign on this page as indicated shall render your Proposal non-responsive and ineligible for award. Your signature indicates that you attest to all statements and Offers made in response to this Request for Proposal, and that you have read, understand and hereby agree to be bound by all Department of Transportation terms, conditions, specifications, requirements and addenda relating to this Request for Proposal. Date: _ By: Authorized signature by Officer of the Company Type or print name shown above Title of Officer Signing Name of Company (Responding Consultant) PLEASE NOTE: Submitted Proposals are not subject to public review and inspection until after a contract has been awarded. Public Record Requests to obtain submitted proposals may be sent electronically to: Contracts.Purchasing@dot.ohio.gov 16

19 Attachment A OHIO UNIFIED CERTIFICATION PROGRAM ON-SITE REVIEW FORM Date of Review: COMPANY NAME * ADDRESS * CITY, STATE, ZIP * Company Representative(s) present during review: NAME * * POSITION Consultant Representative(s) present during review: Type of building: Commercial Building Warehouse Professional Building Factory Home based office Other Is the business identified with a company sign? Yes No N/A Firm listed in lobby directory: Related businesses in the directory: Yes No N/A Yes No 17

20 H I S T O R Y 1. Provide a history of the establishment of the firm. (Providing facts related to when the business started, who started the business and why it was started). Doing Business since: / / 51+% Minority owned since: / / Have there been any changes since the application was filed? Yes No How were the ownership percentages established and who made the determination? 2. Discuss any structure or form changes the firm has undergone since start-up: Currently: Corporation: S C Sole Proprietorship: Partnership LLC: Joint Venture: Changes: Yes No 3. Have there been any changes in ownership since you started? Explain in detail. Yes No Is this type of work different than the type of work the company initially performed? Yes No Are there now, or have there ever been, owners not listed on the application. Yes No 5. What types of work does your firm self-perform (primary line of work)? 18

21 6. Why are you seeking certification? (NEW FIRM S) How does the DBE certification benefit your company? (OLD FIRM S) 7. Is the firm partially owned by another business? Yes No (If yes, detail the ownership, explain any relationship and obtain copies of any agreements) 8. What were you doing before becoming an owner of this company? When & why did you leave your previous position? Are you married? Yes No Spouse information: Name of Spouse Employment 9. What method of payment was made by current owners to establish their percentage of ownership? (If this is an initial application, obtain appropriate documentation, to include any necessary supporting affidavits) Does cash investment by owner appear as a deposit on the opening bank statement? Yes No (If yes, obtain a copy of the opening bank statement) Were contributions other than cash used to establish ownership? Yes No Was a loan/promissory note made to capitalize the business? Yes No a. What was the amount of the loan?$ b. What was its source? c. Who signed the note? _ Were the resources used from investment joint assets? Yes No If YES, how do you argue that the investment is attributable to you, the disadvantaged owner, as opposed to being attributed to your non-disadvantaged spouse has no claim of ownership? If assets used to establish ownership investment were jointly owned or held, what steps have been taken to insure that a non-disadvantaged spouse has no claim of ownership? 10. List all other owners and titles: 19

22 What were the other owners doing before becoming an owner of this company? When and why did they leave their previous position? Are you married? Yes No Spouse information: Name of Spouse Employment What method of payment was made by current owners to establish their percentage of ownership? (If this is an initial application, obtain appropriate documentation, to include any necessary supporting affidavits) Does cash investment by owner appear as a deposit on the opening bank statement? Yes No (If yes, obtain a copy of the opening bank statement) Were contributions other than cash used to establish ownership? Yes No Was the investment from joint funds with their spouse? Yes No 11. Has anyone else invested in the firm? Yes No 12. Do you or the other owners have any relatives who work in the business? Yes No If so, describe the positions they hold and the duties they perform. 13. Amount of time spent by owners at the office hrs./week. Who substitutes for owner(s) when not available? 14. Which owners are employed outside this business full or part-time? NONE 15. Are any of the owners currently an owner, stockholder or manager of any other company? Yes No (If yes, describe below). Is there sharing of any facilities, employees or equipment? Yes No Do you have contracts with or between these companies? Yes No 20

23 M A N A G E M E N T 1. What are your responsibilities? (Describe in detail the daily duties, include essential technical skills you possess for this business to successfully operate). Do disadvantaged owner s delegate any of these decisions? Yes No (If YES, determine to whom and why decisions are delegated). Have these responsibilities been permanently delegated? Yes No (If YES do disadvantaged owners have authority to terminate the designee?) Which owner s, officers, managers or key employees possess these essential skills? How much industry experience does the disadvantage owner have? How much experience preparing proposals, bids, and estimates does the disadvantage owner have? 2. What are the other owner s responsibilities? Describe in detail the daily duties. How much industry experience does this person have How much experience preparing proposals, bids or estimates does this person have? 3. Licenses/certifications displayed: Trade License Holder Expiration Date Occupational Professional licenses Certifications State/municipal business If applicable, why are these not in your name or that of another disadvantaged owners? 4. Who monitors job sites/customers/work sites? 21

24 Who monitors administrative functions? Who makes policy decisions? 5. How many employees do you currently have? Full-time Part-time List job titles, please? 6. Does the firm operate full time? Yes No Monday-Friday Saturday Sunday (Specify normal hours of operation, and determine whether disadvantaged owners are active during these hours) 7. What accounting system is utilized by your company? Who is responsible for the input? Who provides outside accounting services? What type? 8. What is your hiring process? Who conducts interviews and who makes final hiring decisions? What is your termination process? Who has the authority to terminate employees & supervisors? 9. Who determines the wages and salaries? List the salaries key employees. 10. Who controls the Board of Directors or Advisory Board? Name Title Ethnicity 22

25 Are any Officers or members of the Board of Directors NOT active in the day-to-day management and operations of the firm? Yes No Does each director has an equal vote on matters brought before the board? Yes No Who has the ultimate decision-making authority? How are disagreements between owners or principals resolved? F I N A N C I A L 1. Is the firm bonded? Yes No (construction firms only) N/A How much is the bonding capacity? Who is your bonding company? Who signs for surety bond(s)? Who personally guarantees the bond(s)? 3. Who does your payroll? 4. What banks does the company use? What types of accounts are maintained? Business Checking Savings Money Market Do you maintain a line of credit? Yes No*with which institution How much is the maximum $ What is currently outstanding $ Purpose of line of credit: 5. Do you have any business loans? Yes No (Please give details, such as with whom, how much, for what use) 6. Do any of the owner s, members or shareholders have any outstanding loans to or from the company? Yes No 23

26 7. Do you have any equipment leases/loans? Yes No For what equipment? 8. Who has the authority to sign checks and make withdrawals from business account(s)? How many signatures are required on business account checks? What restrictions are in place limiting the ability of non-disadvantaged owners to control the funds and assets of this firm? None (Describe all restrictions, or why such controls are not in place) Review Credit card statements (2 Months) Yes No Review 2 Months Canceled checks including payroll account: Yes No O P E R A T I O N S 1. Who are some of your major clients? * * * Who has the authority to sign contracts on behalf of the firm? Who can authorize the submission of a bid, estimate or proposal? 2. Review three (3) contracts files, bids, purchase orders, estimates, invoices, etc. for the past year. A. Job/project file title: Scope of Work: Date: Contract Amount: $ Work Performed: Correspondence: Signed by: B. Job/project file title: Scope of Work: Date: Contract Amount:$ Work Performed: Correspondence: Signed by: C. Job/project file title: Scope of Work: Date: Contract Amount:$ Work Performed: 24

27 Correspondence: Signed by: 3. What percentage of your work is done as a: Prime contractor % Sub contractor % What type of work is routinely sub-contracted? Yes No Whom: When: Why: How Often: How much: How do you locate and identify sub-contractors or sub-consultants? 4. How does the firm determine what projects it is going to pursue? (For example, who is responsible for locating work opportunities, what sources does the firm employee in locating contracting opportunities and what factors come into play in arriving at the decision to prepare and submit a bid, estimate or proposal?) Who selects projects to bid on? Who has the final say on all numbers before a bid/proposal is submitted? 5. Who has the responsibility for estimating? Describe step-by-step the bidding, estimating processes. 6. When contract negotiations, pre-bid, pre-construction and compliance review meetings are necessary, who represents the firm? 7. How do you monitor your job costs? F A C I L I T I E S & E Q U I P M E N T 1. Are there any businesses that share the same address or facility? Yes No If yes, what type of work does that company do? Do you ever work as a sub for them? Yes No Do you ever share employees? Yes No - If yes explain. Does the firm share equipment with any other company? Yes No - If yes, explain. 25

28 2. From what other location(s) does the firm conduct its business? None If applicable, provide address(es) (Describe the business functions carried out at other location(s) (When are your key personnel there, and what are their duties?) (How much time do disadvantaged owners devote to operations at other locations?) (Discuss why this location is necessary to you operation.) 3. Is the office or building owned or leased? Owned Leased (rent) Since: / / Purchase Price $ Landlord: Purchase Date: Landlord address: Verified by: Deed Mortgage Lease Amount: $ Other: Verified by: Cancelled check Lease agreement Other: Number of separate office/work areas Owners/officers offices are separate or distinct? Yes No Explain: 4. What equipment is needed for the type of work the company performs? Does the firm own the equipment necessary to perform the type of work for which it is Applying for certification? Yes No What equipment is leased? Long-term - None (If a testing laboratory, surveying business, etc. make certain the firm owns or leases the equipment needed to perform the testing, surveying, etc.) (NOTE: owner expertise in the operation of technical devices should be noted.) Where is the company equipment maintained and stored? 26

29 Explain how you meet the Social and Economic disadvantage under Appendix E: Personal experiences Negative impact Education Employment_ Business history Other information: 27

30 T R U C K I N G C O M P A N I E S - O N L Y 1. How many trucks do you or the company own? (List Make & Model of each truck) 2. What do you haul? 3. What is your company s geographical work area? (Ex. within 50 miles) 4. What insurance coverage do you have? Yes No (Describe type(s), limits of coverage and provide the names of underwriters and insurance agents, i.e., professional liability, comprehensive, general liability, workers compensation etc.) 5. Do you lease trucks? Yes No If so, from whom? (Ex. Other DBE s or non-dbe s) Do you lease the driver with the truck? Yes No Do you have a lease agreement with the other company? Yes No Explain. Whose name appears on the leased truck? 28

31 6. Who drives for you? Are they on your payroll? Yes No Name Title 7. Do you ever supply the materials you truck? Yes No M A T E R I A L S U P P L I E R S O N L Y 1. Does your company maintain an inventory of supplies and/or equipment? Yes No (If no, how are supplies/equipment acquired that your company will provide for sale or rental to contractors). If it is a store or warehouse, who owns it? 2. What types of materials/inventory, supplies, articles or equipment are kept on stock? 3. Who are your suppliers? 4. How long of a stock do you maintain on each item listed? (ex. 3mo., 6mo., 1 year, etc.) 5. Do you sell or lease directly to the public? 6. Do you deal in bulk items? Yes No (List and explain) 29

32 7. How are materials delivered to the job site (Provide registration, insurance and cost to maintain and operate each vehicle. If leased, provide a copy of the lease agreement). 8. When materials are direct shipped to the job-site, who makes arrangements, and who pays for shipping? 9. Do you ever find the need to supplement your own distribution equipment? 10. Do you broker? 11. Are you a manufacturers representative? 12. Explain how supplies/products are paid for prior to the company being paid. (Provide copies of checks and invoices documenting these payments.) 13. Explain your company s shipping and receiving process. For ordering purposes, how do you determine quantities that you order? Should you have extra material, how do you handle that situation? For example, do those items go into your facility? For how long? 30

33 Explain your shipping methods. How do you receive your materials? How do you get your materials to market? What type of equipment do you utilize for shipping purposes? Do you own the equipment? If not, do you rent/lease the equipment? Do you ship using outside means? If so, explain how this method works. 15. Explain your ordering, shipping and receiving process. (Include personnel, trucks, storage, software). 31 Pictures taken: No Yes M A N U F A C T U R E R S - O N L Y 1. What do you manufacture? 2. Do you maintain a factory? Where is it located? 3. How many employees work in your factory? What positions do these employees hold? Do these positions require specialized or any other form of training? Do you offer such training? 4. Are/Is your product(s) manufactured at this factory site? 5. Do you fabricate your products using raw materials? What are the materials used? Where are they obtained?

34 6. If you do not produce from raw materials, how is it that you change or add value in the manufacturer process? 7. What type of equipment do you use to create your product? 8. What are the requirements in a typical specification for your product? 32

35 State of Ohio UCP On-Site Review Affidavit I have voluntarily represented my business at the on-site review conducted this date, and I affirm that the statements I have given are true. I have been given the opportunity to make any changes that I believe to be necessary. I,, do solemnly swear or affirm (print name of owner) that I am a Socially and Economically disadvantaged individual, and that I am majority owner of, (name of business) dated. (Signature of Owner ) OTHER Socially and Economically disadvantaged owner s: I,, do solemnly swear or affirm (print name of owner) that I am a Socially and Economically disadvantaged individual, and that I am majority owner of, (name of business) dated. (Signature of Owner ) CONSULTANT INTERVIEWER(S): NAME DATE NAME DATE (end of Attachment A) 33

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