Legislation Details

File #: 21-03424   
Type: Procurement Contract/Change Order Status: Passed
In control: Board of Trustees
On agenda: 4/28/2021 Final action: 4/28/2021
Title: Contract: Disadvantaged Business Enterprise Program Management Software (eComply Solutions LLC)
Attachments: 1. Compliance Management Software Contract (eComply Solutions)

TO:                                                                Board of Trustees

THROUGH:                                          Carolyn Gonot, Executive Director

FROM:                                                               Alisha Garrett, Chief Enterprise Strategy Officer

PRESENTER(S):                     Andrew Gray, Civil Rights Compliance Officer                                                                                                                              Alisia Wixom, I.T. Project Manager

 

TITLE:

title

Contract:  Disadvantaged Business Enterprise Program Management Software (eComply Solutions LLC)

end

 

AGENDA ITEM TYPE:

Procurement Contract/Change Order

RECOMMENDATION:

Approve award and authorize Executive Director to execute contract and associated disbursements in the amount of $248,353.72 with eComply Solutions for software to assist in Disadvantaged Business Enterprise Program compliance

BACKGROUND:

As a recipient of federal funds, UTA is required to ensure compliance with 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in DOT Assistance Programs and the Davis Bacon and Related Acts. In order to ensure compliance, UTA must engage in various proactive and reactive activities that can be time intensive and administratively burdensome. These items include, but are not limited to:  • Gathering, reviewing, correcting, and retaining certified payrolls for all prime and subcontractors with laborers or mechanics working. • Tracking all DBE awards and payments at every tier of UTA’s prime contracting process. • Having a “mechanism to ensure prompt payment” processes are being adhered to through every tier of subcontracting. • Submit semi-annual DBE report on awards, payments, and closed contracts. The compliance methods used prior to 2020 were exclusively manual and required substantial staff time. In 2019, UTA solicited a software that could automate the compliance processes through an RFQ. After reviewing the two bidders, eComply Solutions was selected as the winning bidder with a one-year contract which spanned the year 2020. Through this first year, eComply Solutions has proven themselves to be an invaluable partner with service that exceeded expectations. At the conclusion of this contract, UTA is seeking to initiate a 5-year contract that will continue the service already underway with the existing contract. While the previous contract with the vendor has expired, allowance has been made for continued use of the software until this new contract goes into effect.

DISCUSSION:

UTA is seeking a sole source procurement due to the existing relationship and performance of eComply Solutions. The contract value of $248,353.72 is based on the assumption of Tier 2 construction volume and the use of both the certified payroll and diversity management modules of the software.  Continuing with eComply Solutions would prevent an unnecessary expense associated with seeking this service from another vendor. After a cost benefit analysis, it was determined that utilizing a sole source option with eComply Solutions would save UTA approximately $78,704 in duplication costs associated with set up fees, UTA employee costs, training costs, consultation fees, and the cost associated with integration within UTA’s existing systems. Terminating this contract and beginning services with a new vendor would also require retraining all subcontractors engaged in federal projects and a significant delay between when the old compliance software ends, and the new software is integrated and being fully utilized by end users.

CONTRACT SUMMARY:

Contractor Name: 

eComply Solutions

Contract Number:

21-03424

Base Contract Effective Dates:

1/15/21 - 1/14/26

Extended Contract Dates:

n/a

Existing Contract Value: 

n/a

Amendment Amount:

n/a

New/Total Amount Contract Value:

$248,353.72

Procurement Method: 

Sole Source

Funding Sources:

Federal / Local

ALTERNATIVES:

An RFP / RFQ would be issued. 

FISCAL IMPACT:

The budget for the software will be included in each year’s annual budget.

ATTACHMENTS:

N/A