Capital Facilities Procedure Updates and Prevailing Wage Rates

1. Campus Let Contracts • Procedure Updates and • Prevailing Wage Rates January 30, 2013

2. What’s new? • Tools • Updates to Procedure 7555 • Training • Overview of 7555 • Communication • Guidance Documents • CLC-6: Debriefing • CLC-7: Single Sole Source Procurements • Website: www.suny.edu/capitalfacilities/ • Listserv: SUNYCLC@LS.SYSADM.SUNY.EDU

3. What’s next? • Tools • Procedure 7554 - Construction Contracting • Contract Agreement Template for Studies • Communications • Field Orders • Payment Forms and Process • Records Retention • Insurance View procedures on the Office for Capital Facilities website

4. Procedure Updates

5. Procedure 7555: Summary of Updates • Overall • Basic structure and forms • Consultant selection process, forms and criteria • Added definitions of and guidance on term and backdrop agreements • Consultant Service Agreements • Clarified agreement types and when they should be used • Clarified documentation required on file at campus • Clarified consultant documentation requirements • Added SUNY Construction Procurement Record Checklist • Added Division of Budget B-1184 requirement View procedures on the Office for Capital Facilities website

6. Forms

7. Section II. Consultant Service Agreements • Lump Sum Agreement with no associated construction cost (for studies & limited design services) • Cost Plus Fixed Fee Agreement (for studies & design with a clearly defined scope) • Lump Sum Agreement with an associated construction cost (for studies & design) The Fund’s fee schedule is for internal comparison only. Do not provide the fee schedule to consultants. Fund Website

8. Section III. Agreements <$25,000 • Documentation requirements • DOB B-1184 Approval (applies >$20,000) • Procurement Lobbying Forms (applies >$15,000) • Certificates of Insurance (Form 7555-09) • Certificate of Workers Comp and Disability • OSC Form A - State Consultant Services Contractor’s Planned Employment (applies >$15,000; applicable to salaries, does not include travel or reimburseables) • Purchase Order or Agreement • Exhibit A • Exhibit A-1 (applies >$25,000) • Project  scope and requirements • If processed as a Contract - Campus Procurement Certification (Form XV, Procedure 7553)

9. Section IV. Agreements >$25,000 • A. Overview • Solicitation • Selection • Award • B. Required Documentation • See Checklist (Form 7555-00) • C. Consultant Service Agreement Process • *New* Selection process, criteria and form

10. Consultant Procurement Checklist Link to form

11. Request for Qualifications Link to form

12. Selection Process Highlights • Short List Rating (7555-03) • Short List Summary (7555-04) • Consultant References (7555-05) • Consultant Selection Rating (7555-06) • Firm Qualifications and Experience (20 Pts.) • Personnel Qualifications and Experience (20 Pts.) • Previous Experience with Work Specific to Project Scope (20 Pts.) • Approach & Capability (20 Pts.) • MWBE Utilization (10 Pts.) • References (10 Pts.) • A detailed description of each category is on page two of the form. New Forms Forms available online

13. Selection Process Highlights • Selection Committee • A minimum of three members • If interviews are held, each must be attended by all committee members (therefore we recommend committees consist of four or more members) • At a minimum the committee chair must have completed the Consultant Selection Training with the Fund • A committee member shall have no conflict of interest relating to the consultants being considered Remember: Procurement Lobbying Act Procedure 7552

14. Procurement Lobbying Act • Limits communications during the Restricted Period – from Contract Reporter Ad to Contract Execution • All inquires must be directed to the Designated Contact • Violation could result in the disqualification of the consultant View the procedure at the Office for Capital Facilities website Procedure 7552

15. Term and Backdrop Agreements • Term Agreements • A pre-awarded agreement for the preparation of a study or for design services and/or contract administration of small projects with similar scopes of work. • Backdrop Agreements • For small projects with diverse scopes of work • Backdrop term agreements involve the selection of three to six firms to serve as a “backdrop” of consultants and a mini-selection process is used to determine the most qualified consultant for each project. *New* Agreement Template available online

16. Term and Backdrop Agreements • Highlights • May be issued as dry appropriation contracts • Three year maximum term, no option for renewal • Selection must demonstrate the most qualified firm is selected • A fair and reasonable price must be negotiated for each project • Consultation with University Counsel is strongly recommended *New* Agreement Template available online

17. Term and Backdrop Agreements • Forms • 7555-10A - Consultant Term Agreement • 7555-07 - Backdrop Agreement Mini Selection • 7555-13 - Term Project Initiation • 7555-14 - Authorization to Proceed *New* Agreement Template available online

18. What hasn’t changed? • “The Basics” • Fee Negotiations • Insurance • Payment

19. Multi Campus or Regional Agreements

20. Prevailing Wage Rates

21. Agency Responsibility • Obtain a Prevailing Wage Rate Schedule • Include the schedule in the contract • Submit a Notice of Contract Award (PW-16) • Collect and maintain certified payroll records • Submit a Notice of Completion/Cancellation (PW-200) Use the online application

22. Certified Payroll • Collect payroll records every thirty (30) days • Designate an employee to collect and review certified payrolls for facial validity • Maintain payroll records for five years from the date of completion of the work • Post the name of the employee collecting payroll records on the project site • Make filing of payrolls by the contractor(s) a condition of payment Facial validity: the validity of something at face value.

23. OSHA 10 Hour Course • Proof of completion must be provided with the first certified payroll • Proof must be provided when a new or additional employee is listed

24. Contact: Jessica R. Miller Jessica.Miller@suny.edu 518-320-1129