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Purpose:

The New Hampshire Community Development Finance Authority (CDFA) seeks a qualified professional to ensure compliance with Davis Bacon Act requirements for businesses and non-profit organizations awarded loans or grants under the Community Development Finance Authority’s Enterprise Energy Fund.

Background:

CDFA and the NH Community Loan Fund have been awarded $3.5 million in American Recovery and Reinvestment Act (ARRA) funds through the NH State Office of Energy and Planning (OEP) and the U.S. Department of Energy. The program, the Enterprise Energy Fund, is a low-interest loan and grant program available to businesses and non-profit organizations to help finance energy improvements and renewable energy projects in their buildings. The goal is to reduce energy costs and consumption, and promote economic recovery and job creation.

All construction contracts funded through the Enterprise Energy Fund must include a provision for compliance with wage and labor standards similar to those contained in the Davis Bacon Act and associated US Department of Labor regulations. The principal requirements are that: 

1. grantees and borrowers must include a copy of the current prevailing wage rate determination in each Request For Bids (RFB);
2. grantees may only award contracts to eligible contractors and subcontractors who accept the wage rate determination and certify that they will pay wages at or above the specified rates and comply with other labor standards;
3. contractors must pay laborers the wage rate determined by the Secretary of Labor to be the prevailing rate in that labor market;
4. contractors must pay wages at least once a week, certify payroll on a weekly basis, and submit certified payrolls to CDFA and original wet copy payrolls to OEP weekly; and
5. grantees and borrowers are required to report all suspected, reported or confirmed violations of over $100 to CDFA for investigation these alleged violations.

CDFA and the NH Community Loan Fund expect to award 25 – 35 financing packages to businesses and non-profit organizations statewide. As of August 17, 2010, we have received 52 initial inquiries and four of them have submitted full loan applications. We expect to make our first loan between August 31st and September 30, with construction likely to commence in as little as 30 days. The consultant’s work could begin as early as September 30, 2010 and may extend through April 2012.

Consultants are welcome to propose to perform the following tasks in any one, two, or all three regions of the state, be sure to specify in your proposal. All regions and counties must be served by respondents to this RFP. Consultants should build into their proposals travel reimbursement rates consistent with Federal travel policy. Small deviations from Federal policy may be allowed to accommodate industry standards, but significant deviations will be rejected or negotiated to better represent Federal policy. Travel will be taken into consideration in determining awards to consultants. Documentation of travel and allowable expenses will be required for reimbursement.

CDFA may make as few as one award to one consultant or as many as one award to each of three consultants. Though financing packages will be awarded to borrowers/grantees by both the CDFA and the NH Community Loan Fund, the consultant(s) will report to CDFA. The consultant(s) will enter into a joint contract with CDFA and the NH Community Loan Fund. The contract will be administered by CDFA.

Possible Amendment:

CDFA and its partners may receive an additional allocation of funding of approximately the same amount as the first award. If this additional allocation comes to fruition CDFA will offer the consultants awarded the current offering the opportunity to amend their contract and provide the same services for the additional funding round. If none of those consultants are able to accept the additional work, CDFA will offer those consultants who respond to the enclosed RFP, but were not awarded the opportunity to submit a follow-up proposal. CDFA will not advertise a new RFP as the work will be very similar in nature.

Scope of Work:

Tasks
The successful consultant(s) will perform the following tasks:

Review Certified Payrolls Weekly for Compliance for all Enterprise Energy Fund construction projects. The consultant will compare each week’s payroll forms to the wage determination for each class/craft to assure that wages are being paid as prescribed by law. As part of the review, the consultant shall verify that:

• the payroll covers the proper pay period and is complete and accurate;
• each worker has been paid the proper wages and benefits and no "rebates" have been taken;
• any deductions from the worker’s pay are only those that are permitted by law and approved by the worker; and
• payments to the workers are consistent with the wage rate determination.

Conduct On-Site Worker Interviews of enough employees to provide a reasonable representation of the crafts and trades utilized on the project. Using the Record of Employee Interview, the consultant will determine and document that: the payroll information is consistent with the wage rate determination; and workers are working in proper job classifications. In other words, the consultant will verify that the worker’s duties, job title, and pay are aligned and in accordance with the Davis Bacon and Related Acts as specified in ARRA.

Posting Compliance. The consultant will conduct a visual inspection of the work sites to determine that the labor standards information is properly posted at the job site.

Report and Investigate Violations. If non-willful violations are found, the consultant shall coordinate with the contractor to prepare a supplemental payroll to make appropriate restitution to affected workers, and/or assess liquidated damages for non-payment of wages or overtime and require a separate supplemental payroll.

Duration
The consultant will perform the above mentioned tasks for the duration of the grant period, ending April 2012.

Region
Region I: Coos, Grafton, and Carroll Counties
Region II: Belknap, Merrimack, Strafford, and Rockingham Counties
Region III: Sullivan, Cheshire, and Hillsborough Counties

Work Environment:

Working conditions include a mix of inside and outside environmental and construction-related conditions.

Proposal Review Criteria:

Selection will be based on the consultant’s:

Knowledge of and experience complying with Davis Bacon wage determination policies and reporting requirements;

Experience assisting clients to comply with Davis Bacon wage policies and reporting requirements and implementation;

Organizational skills;

Writing and communication skills;

Ability to complete the proposed scope of work; and

Bid price, though price is only one criterion that will be considered in this selection process. Selection will not necessarily be based on the lowest qualified bidder. However, price will be a consideration.

Personnel:

The proposal shall clearly name the individual in charge and other personnel if applicable. Please describe qualifications and related experience and include a resume for all personnel identified in the proposal. The applicant must be available for an interview.

Submission Information:

Hand delivered or mailed proposals must arrive at CDFA’s office by 4:30 p.m. on Friday, September 10, 2010, to the Community Development Finance Authority, 14 Dixon Ave., Suite 102, Concord NH 03301 or electronically to aveenstra@nhcdfa.org by midnight of the same day. Once an applicant has been awarded the contract, all other respondents will be informed of the decision in writing.

This request does not commit Community Development Finance Authority to award a contract nor to pay any costs incurred in the submission of a proposal or in making necessary studies for the preparation thereof, nor to procure or contract for services or supplies. The Community Development Finance Authority reserves the right to reject any or all proposals.

Funding for this activity is provided through American Recovery and Reinvestment Act (“ARRA”) State Energy Program funding distributed through the U.S. Department of Energy. Therefore, all federal requirements of the ARRA, as amended, and all state requirements must be adhered to and will be part of the contract. Women and minority-owned businesses are encouraged to apply.

Last updated August 25, 2010