PROPOSAL EVALUATION WORKSHEET (INDIVIDUAL) EVALUATION FACTOR: DISADVANTAGED BUSINESS ENTERPRISE PLAN AND PROGRAM (RATED)

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1 PROPOSER: MBCR EvaIuator#15 DATE: 8/20/13 OVERALL RATING: _tabie_ NARRATIVE SUMMARY: the Proposer provided a robust DBE plan and provided examples of what and how they would implement. Demonstrated by what they are doing with regard to DBE participation by providing examples. Demonstrated their knowledge, understanding and intent of the DBE program regulations. There commitment and identification to best practices has gone beyond the typical and as shown creatively. Objective: The following are the objectives for the Disadvantaged Business Enterprise Plan and Program evaluation factor: 1) To identify Proposers that comply with Disadvantaged Business Enterprise (DBE) goals or conduct good faith efforts to do so; 2) To identify Proposers that have submitted a quality DBE Plan that complies with both the federal DBE Program and the 's DBE Program requirements; 3) To identify Proposers with creative strategies and approaches to achieve and maintain compliance over the Contract term, including technical assistance and supportive services strategies designed to increase participation and build capacity in the DBE community; and 4) To identify Proposers that will commit to consistent and open communication with the Office of Diversity and Civil Rights and timely submission of monthly reports and updates regarding full implementation of the DBE Plan. 1

2 Evaluation Criteria: The Proposer has complied with DBE participation goals or conducted good faith efforts to do so, and the Proposer has committed to consistent and open communication with the Office of Diversity and Civil Rights and timely submission of required reports. The Proposer has submitted a quality DBE Plan and Program that complies with the federal DBE Program and its implementation through the 's DBE Program and that includes creative strategies and approaches to achieve and maintain compliance over the Contract term, including technical assistance and supportive services strategies designed to increase participation and build capacity in the DBE community. Instructions: Evaluators must rate each requirement outlined in the below as one of the following: (i) Exceptional; (ii) Good; (iii) ; (iv) Potential to Become ; or (v) Unaccep. Please note the following explanations when rating each requirement: 1) A rating of Exceptional is appropriate when the Proposer has demonstrated an approach that is considered to significantly exceed stated criteria in a way that is beneficial to the. This rating indicates a consistently outstanding level of quality, with very little or no risk that this Proposer would fail to meet the requirements of the solicitation. There are no weaknesses. 2) A rating of Good is appropriate when the Proposer has demonstrated an approach that is considered to exceed stated criteria. This rating indicates a generally better than accep quality, with little risk that this Proposer would fail to meet the requirements of the solicitation. Weaknesses, if any, are very minor. Correction of the weaknesses would not be necessary before the Proposal would be considered further. 3) A rating of is appropriate if the Proposer has demonstrated an approach that is considered to meet the stated criteria. This rating indicates an accep level of quality. The Proposal demonstrates a reasonable probability of success. Weaknesses exist but can be readily corrected through requests for Clarification or Communications. 4) A rating of Potential to Become is appropriate if the Proposer has demonstrated an approach that fails to meet stated criteria as there are weaknesses, but they are susceptible to correction through Discussions. The response is 2

3 considered marginal in terms of the basic content and/or amount of information provided for evaluation, but overall the Proposer is capable of providing an accep or better Proposal. 5) A rating of Unaccep is appropriate if the Proposer has demonstrated an approach that indicates significant weaknesses and/or unaccep quality. The Proposal fails to meet the stated criteria and/or lacks essential information and is conflicting and/or unproductive. There is no reasonable likelihood of success; weaknesses are so major and/or extensive that a major revision to the Proposal would be necessary. s for each requirement must be recorded in the associated column, and a detailed explanation of why a particular rating was given to a requirement must be recorded in the associated Comments/Justification for column. The column identifies relevant sections of (Operations and Management Proposal Instructions) to the Instructions to Proposers. 3

4 1. B 11.2(A) A DBE Plan that meets the requirements of, and ensures overall compliance with, 49 CFR Part 26 throughout the term of the Contract. The DBE Plan should describe the following elements: Good Comments/Justification for The proposer DBE plan meets the necessary criteria of DBE Plan. A strong component of the plan includes education through staff training. A commitment to training all members of the team and employees. The type of training was identified. 1. How the Proposer's DBE subcontracting and supplier strategy will be effectively implemented and monitored within the context of the Proposer's overall Subcontracting Plan throughout the life of the Contract (emphasis should be placed on the first three years and updates are to be provided annually for review and approval by the ); 2. Methods for managing, monitoring and reporting on DBE participation on a monthly basis, including record-keeping and prompt payment requirements; 3. How the Proposer's DBE Liaison Officer and Program representatives will interface with the for outreach, pre-solicitation review of subcontracting goals, compliance monitoring and reporting, dispute resolution and any proposed DBE termination, substitutions and replacements; Committed from executive leadership to participate in the training, remain encouraged and hold mangers accoun. The proposer provided examples and quotes from contracted DBE. Stated they have worked with over 80 firms during the duration of their contract, list not provided. Committed to helping businesses to grow with thie company and provided example of two firms they are presently assisting. Outlined their tri-level approach to procurement opportunities - which includes planning and analyzes Good examples of good faith efforts - host multiple minoutreach sessions including procurement and relevant departments. exceeded the goal of 15% - committed and demonstrated through letters of intent - 18%

5 4. Good faith efforts procedures, such as the following: Comments/Justification for a) Arranging solicitations, time for the presentation of quotes, quantities, specifications and delivery schedules to facilitate the participation of DBEs; b) Solicitations within sufficient time to allow the DBEs to respond to the solicitation; c) Appropriate steps to follow up initial solicitations in order to determine with certainty as to whether or not the DBEs are interested; d) Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing or technical assistance; and e) The good faith efforts provisions contained in 49 CFR Part 26 and its Appendix A to Part 26 entitled "Guidance Concerning Good Faith

6 Efforts"; and Comments/Justification for 5. What, if any, technical assistance initiatives will be available for DBEs and Small Business Enterprises (SBE) seeking to do business with the Proposer. 2. B 11.2(A) encourages and expects the contractor to pursue and encourage subcontracting, mentoring, joint venturing, teaming and partnering opportunities with and for DBE firms in the ordinary course of its business/teaming strategies. The selected contractor is encouraged and expected to create a level playing field to the maximum practical extent consistent with the objectives and requirements of the Federal DBE Program, DBE Program, and based on federal regulations codified at 49 CFR Part 26 and 's DBE Program Policy, respectively. Therefore, the contractor is requested to document their efforts to include DBEs in this contracting opportunity, and are required to flow down the DBE Program requirements to all lower tier subcontractors and suppliers. Contractors are also requested to explain in their executive summary how they intend to utilize and/or will encourage subcontracting, mentoring, joint venturing and/or partnering opportunities with Proposer committed to encouraging use of mentoring, partnering and teaming. Partnered with a national well know to the transportation industry DBE firm to provide networking assistance and guidance for DBE in areas of bonding, finance assistance. Committed to provide assistance directly. Committed to encourage all tier I contractors to provide mentoring to DBE through partnerships Will use mini outreach sessions for DBE firms to meet departments staff

7 DBEs for this project. Comments/Justification for 3. B 11.2(B) A DBE Utilization Certificate that includes the following components: Identified DBE and committed 18% with 20 DBE firms. The DBE firms represent a variety of services. 1. A completed DBE Participation Schedule listing those qualified DBEs with which the Proposer intends to contract for the performance of portions of the work under the Contract during the initial three year period based on the Proposer's estimate of cost projections for years one through three of the Contract (subsequent years will be submitted on an annual basis after year one and thereafter for the life of the Contract); 2. The agreed price to be paid to each DBE for its work; 3. Identifying in detail the contract items or parts to be performed by each DBE, including a proposed time for the performance or delivery of the contract item(s); and 4. Other information as required by the

8 DBE Participation Schedule. Comments/Justification for 4. B 11.2(C) A completed original DBE Letter of Intent signed bv each DBE listed in the DBE Participation Schedule. 5. B 11.2(D) A copy of the most recent certification letter or document of each DBE listed in the DBE Participation Schedule. 6. B 11.2(E) An original DBE Affidavit executed bv each DBE listed in the DBE Participation Schedule stating that there has not been any change in its status since the date of its last certification. 7. B11.2(F) Documentation of the Proposer's good faith efforts to solicit and contract with DBEs, in accordance with 49 CRF Part 26 and its Appendix A to Part 26 entitled "Guidance Concerning Good Faith Efforts", including factual evidence of the following: 1. A minimum of one outreach session, to be conducted by the Proposer for the benefit of DBEs, including the agenda for the outreach session, the roster of attendees and indication of where the outreach session was noticed; Held one outreach event. Over 100 attended. Provided example of the print media used, the agenda and list of attendees. Outreach to transportation professional organizations and associations. Will continue to reach out to all local, state, and federal minority/women organizations. Will continue to use firm to assist in this effort. Demonstrated good faith efforts with current vendors by braking out work into units to help facilitate increase DBE participation. Committed to continue with present DBE firms in

9 2. Written notification to DBEs encouraging participation in the Contract; Comments/Justification for addition to adding new firms. 3. Soliciting through all reasonable and available means (e.g., attendance at preproposal meetings, general circulation media, trade association publications, minority-focused media) the interest of all certified DBEs that have the capability to perform under the Contract; 4. Selecting portions of the Contract to be performed by DBEs in order to increase the likelihood that the DBE goal will be achieved. This includes, where appropriate, breaking out work into economically feasible units to facilitate DBE participation, even when the Proposer might otherwise prefer to perform this work with its own forces; 5. Providing interested DBEs with adequate information about the Contract in a timely manner to assist DBEs in responding to a solicitation; 6. Negotiating in good faith with interested DBEs. Proposers are responsible for

10 making a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses and telephone numbers of DBEs that were considered; a description of the information provided regarding the Contract requirements for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work; Comments/Justification for 7. Making efforts to assist interested DBEs in obtaining bonding, lines of credit or insurance, as required by the Proposer; 8. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services; and 9. Effectively using the services of available minority/women community organizations; minority/women 10

11 contractors' groups; local, state and Federal minority/women business assistance offices; and other organizations as allowed on a case-bycase basis to provide assistance in the recruitment and placement of DBEs. Comments/Justification for 8. B 11.2(G) The Proposer shall: (i) identify those portions of the information that it provided in response to B11.2(A) through B11.2(F) of Appendix B that it considers to be innovative, best practice, beneficial to Customers and/or cost efficient, and (ii) submit information supporting or otherwise validating its position that said portions are innovative, best practice, beneficial to Customers and/or cost efficient. Excep tional Proposer provided a list of innovative, best practice : DBE awareness Training program - including executive staff and new hires State of DBE program to stakeholders DBE guide for all department Mini-outreach # vl :^-\ Commuter Rail Procurem^i m^ntj V ^VV^' ^ 11