SNOTE | 99 | Request for Information in determining feasibility of allowing contractors and subs performing on its Davis-Bacon Act construction contracts to file weekly certified payroll statements in electronic format through web-based technology.

FBO DAILY ISSUE OF MARCH 13, 2009 FBO #2664
SPECIAL NOTICE

99 -- Request for Information in determining feasibility of allowing contractors and subs performing on its Davis-Bacon Act construction contracts to file weekly certified payroll statements in electronic format through web-based technology.

Notice Date: 3/11/2009
Notice Type: Special Notice
NAICS: 511210 — Software Publishers
Contracting Office: Department of the Army, U.S. Army Corps of Engineers, U.S. Army Humphreys Engineer Center Support Activity, US Army Humphreys Engineer Center Support Activity, ATTN: CEHEC-CT, 7701 Telegraph Road, Alexandria, VA 22315-3860
ZIP Code: 22315-3860
Solicitation Number: W912HQ-RFI-001
Archive Date: 6/9/2009
Point of Contact: Nancy Hilleary, 703-428-6120<br />
Small Business Set-Aside: N/A
Description: This is a REQUEST FOR INFORMATION. This Request for Information DOES NOT constitute a Request for Proposal (RFP) or Request for Quote (RFQ), nor does this restrict the Governments acquisition approach. No proposals are being requested or accepted with this request. The primary North American Industrial Classification System (NAICS) Code applicable to this requirement is 511210, Software Publishers. A response is required from all interested as described in the following request for information: REQUEST FOR INFORMATION PURSUANT TO FAR 15.201(e) EXCHANGES WITH INDUSTRY BACKGROUND The Davis-Bacon Act (DBA requires contractors and their subcontractors working on federally financed or assisted construction contracts to pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits prescribed by the Department of Labor (DOL). All construction contracts subject to the Davis-Bacon Act contain a clause implementing the provisions of the Copeland Act (40 U.S.C. 3145) which requires contractors and subcontractors to 'furnish weekly a statement with respect to the wages paid each employee during the preceding week.' The DOLs implementing regulations at 29 CFR 5.5(a)(3)(ii) requires contractors weekly to submit a copy of all payrolls to the Federal agency contracting for or financing the construction project. A signed `Statement of Compliance' indicating the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper DBA prevailing wage rate for the work performed must accompany the payroll. DOLs regulations at 29 CFR 3.3(b) also require each contractor to furnish each week `Statements of Compliance' to the Federal agency contracting or financing the project. With this 'Statement of Compliance' contractors and subcontractors certify their payrolls by attesting that persons performing work on Davis-Bacon and Related Acts (DBRA) covered contracts have received the proper payment of wages and fringe benefits The regulations at 29 CFR 3.4 and 5.5(a)(3)(i) require contractors to maintain these records for three years after completion of the work.. Contracting officials and Wage and Hour Division staff in Federal agencies use these certified payrolls to verify that contractors pay the required rates and as an aid in determining whether the contractors have properly classified the workers for the work they perform. PURPOSE OF REQUEST FOR INFORMATION As part of a continuing effort to reduce paperwork and resulting burdens on both contractors and the Government, the U.S. Army Corps of Engineers is interested in determining the feasibility of allowing contractors and subcontractors performing on its Davis-Bacon Act covered construction contracts to file their weekly certified payroll statements in electronic format through web-based technology. FAR Subpart 4.5, Electronic Commerce in Contracting, provides that 'agencies may accept electronic signatures and records in connection with Government contracts.' The Corps wants to obtain performance and cost information about existing electronic, web-based Davis-Bacon Act payroll systems that incorporate all applicable DOL regulatory requirements. DESCRIPTION OF INFORMATION REQUESTED All vendors with an appropriate product relating to the requirements in the Potential Requirements Table (attached) are invited to submit a Capability Statement and their contact information. The Capability Statement should discuss the products capabilities as they relate to the Corps potential requirements, the products system requirements, the products integration specification (if available), cost information (e.g., transactional, subscription, etc.) and any other specific and pertinent information that would enhance the U.S. Army Corps of Engineers understanding of the information submitted. Respondent systems must comply with DOL Regulations (29 CFR Parts 3 and 5) and Federal Acquisition Regulation (FAR) Part 22, Subpart 4 and Contract Clause 52.222-10, Compliance with Copeland Act Regulations. In particular, respondents should also complete the Potential Requirements Table which contains provisional requirements for USACEs Electronic Davis-Bacon Act Payroll initiative. We recognize that not all requirements may be met by a single software system. Please indicate in your response which capabilities can be provided via commercial off-the-shelf software versus custom developed solutions. For requirements that are met by commercial off-the-shelf software, please also include the product name, release number and release date of the software. DISCLAIMER This RFI is issued solely for information and planning purposes and does not constitute a solicitation. In accordance with FAR 15.201(e), Exchanges with Industry, responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Respondents are solely responsible for all expenses associated with responding to this RFI. It is not USACE's intent to publicly disclose vendor proprietary information obtained during this request for information. Information identified by a respondent as 'Proprietary or Confidential' will be kept confidential to the full extent that it is protected information pursuant to the Freedom of Information Act and other laws and regulations, TIMELINE Responses to this RFI Notice must be submitted by 17 April 2009, 1400, Eastern Standard Time to the addressee below. ADDRESSE USACE, HUMPHREYS ENGR CTR SPT ACTIVITY ATTN: CEHCT-HC, 7701 TELEGRAPH ROAD ALEXANDRIA VA 22315-3660 POINT OF CONTACT Name: Gregory Noonan Title: Contractor Industrial Relations Specialist Phone: 202-761-1804 E-mail: Gregory.M.Noonan@usace.army.mil POTENTIAL REQUIRMENTS TABLE #Vendor Name/Product: (fill in vendor name/product)Provide Capability (Y/N)Comments 1The system allows contractor to enter data either directly or by importing from the contractors existing automated payroll programs 2The system will be fully compliant with FAR Contract Clause 52.222-8, Payrolls and Basic Records, paragraph (a) to include contractor compliance with the following "Contractor retention/access to records for a period of 3 years following contract completion "Contracting Officer and designees(s) access to the weekly payroll statement within seven days after the regular payment date of the payroll period "These records shall contain the name and personal identifying number (e.g., last 4 digits of social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid "Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 3The system will be fully compliant with FAR Contract Clause 52.222-8, Payrolls and Basic Records paragraphs (b) and (c) to provide for contracting officer access to all payrolls and basic records for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor 4The system will be fully compliant with FAR Contract Clause 52.222-8, Payrolls and Basic Records paragraph (b) (1) wherein the Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors 5The system will be fully compliant with FAR Contract Clause 52.222-13, Compliance with Davis-Bacon and Related Act Regulations 6The system allows for automated filing of Standard Form 1444, Request for Authorization of Additional Classification and Rate 7The system allows for automated filing of Standard Form 1413, Statement and Acknowledgment 8The system provides for electronic importing of the appropriate contractual Davis-Bacon Act Wage Determination(s) 9The system provides for internal editing of data entered to eliminate inadvertent data element entry 10The system provides for automated redaction of information appearing on payroll statements for agency responses to Freedom of Information Act (FOIA) Requests 11 The system allows the agency to compose ad hoc reports covering the following "Standard Form 100, Equal Employment Opportunity Employer Information Report EEO-1 "Monthly safety Reports 12 The system allows job site interviews to be uploaded and integrated within the payroll compliance review 13The system provides for state-of-the-art security for the information provided. Provide description of current and proposed safeguards. 14The system provides for ITU-T X.509 Digital Signature Certification 15The system is available 24 hours a day, 7 days a week 16The system can be accessed by a wide variety of hardware and hardware platforms (computer, PDA, etc.) This request for information is for information and planning purposes only, and does not constitute a Request for Proposal (RFP). It is not to be construed as a commitment by the U.S. Government. No award will be made as a result of this request for information. All information is to be submitted at no cost or obligation to the Government. The Government reserves the right to reject, in whole or in part, any private sector input as a result of this request for information. The Government is not obligated to notify respondents of the results of this request for information. Interested Offerors shall respond to this Request for Information no later than 2:00 pm, 17 April 2009. Responses can be submitted via standard mail to US Army Corps of Engineers, Humphreys Engineering Center Support Activity, 7701 Telegraph Road, Alexandria, VA 22315 or e-mail to Nancy.L.Hilleary@usace.army.mil
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99 -- Request for Information in determining feasibility of allowing contractors and subs performing on its Davis-Bacon Act construction contracts to file weekly certified payroll statements in electronic format through web-based technology.