HARRISBURG SCHOOL DISTRICT

Transcription

1 No. 631 SECTION: FINANCES HARRISBURG SCHOOL DISTRICT TITLE: MINORITY/WOMEN/ DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION ADOPTED: DECEMBER 21, 2015 REVISED: 631. MINORITY/WOMEN/DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION 1. Purpose It is the policy of the Harrisburg School District (HSD) that Minority, Women and Disadvantaged Business (M/W/DBEs) Enterprises as defined in this Document have the maximum opportunity to participate in the performance of Harrisburg School District contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of HSD - assisted contracts; 2. To create a level playing field on which M/W/DBEs can compete fairly for HSD- assisted contracts; 3. To ensure that the M/W/DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that non-women and/or minority owned firms, that fully meet 49 CFR Part 26 eligibility standards, are also permitted to participate as M/W/DBEs; 5. To help remove barriers to the participation of M/W/DBEs in HSD assisted contracts; 6. To assist the development of firms that can compete successfully in the market place. It is the policy of the Board to award a fair share of business contracts to minority and women-owned business enterprises. The Board expects the efforts of contractors to be directed towards helping the district fulfill this mission and implement this policy to its fullest intent. The use of businesses based in the district will be given prime consideration; Satisfying these requirements means the participation of minority and womenowned businesses in contracts let by the district. Bona fide minority and womenowned business enterprises will participate in providing genuine services or perform significant work as manufacturers, contractors, subcontractors, and owneroperators of equipment and trucks in construction activities undertaken in the district.

2 Pg. 2 The Harrisburg School District (HSD) has established, in connection with this contract, the specified goals in the Bid Form for the utilization of Minority, Women and Disadvantaged Business Enterprises (M/W/DBEs). These goals remain in effect throughout the life of the contract. 2. Authority Implementation guidelines will be determined by the Board and outlines in the District s M/W/DBE participation contract language. 3. Failure to Comply with M/W/DBE Requirements Failure to carry out these requirements constitutes a breach of contract that may result in termination of the contract, being barred from bidding on Harrisburg School District contracts for up to three (3) years or such other remedy as the Harrisburg School District deems appropriate. Failure to comply with M/W/DBE requirements will include but not be limited to failure to submit the M/W/DBE Participation Statement within the time requirements of these provisions for submission of required documents; failure to exert a reasonable good faith effort (as determined by the Harrisburg School District for good faith efforts) to meet the established goals; failure to realize the M/W/DBE participation set forth in the approved M/W/DBE Participation Statement; or failure to submit the M/W/DBE Participation Statement in every subcontract, so that such provisions will be binding upon each subcontractor, supplier, or service agency. Include the provisions of the above paragraph in every subcontract, so that such provisions will be binding upon each subcontractor, supplier, or service agency. DEFINITIONS OF TERMS As used in this Document, the terms Minority Business Enterprise, Women Business Enterprise, Disadvantaged Business Enterprise, Minority, Women, and Owned and Controlled are defined below: a) "Minority Business Enterprise" or "MBE" means a small business concern as defined in Small Business Act 15 USC as amended: i) Which is at least 51 percent owned by the one or more minority individuals, or, in the case of any corporation at least 51 percent of the stock of which is owned by one or more minority individuals and: ii) Whose management and daily business operations are controlled by one or more of the minority individuals who own it.

3 Pg. 3 b) "Women Business Enterprise" or "WBE" means a small business concern as defined in Small Business Act 15 USC as amended: i) Which is at least 51 percent owned by the one or more female individuals, or, in case of any corporation at least 51 percent of the stock of which is owned by one or more female individuals; and ii) Whose management and daily business operations are controlled by one or more of the female individuals who own it. c) Disadvantaged Business Enterprise or DBE means a forprofit small business concern: i) That is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and ii) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. d) Minority means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Subcontinent Asian Americans and any other individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act as amended: i) Black Americans, which includes persons having origins in any of the Black racial groups of Africa; ii) Hispanic Americans, includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; iii) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;

4 Pg. 4 iv) Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Juvalu, Nauru, Federated States of Micronesia or Hong Kong. v) Subcontinent Asian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka. e) Women means females. f) "Owned and Controlled" means a business: i) Which is at least 51 percent owned by one or more minority or female persons, in case of a corporation, at least 51 percent of the stock of which is owned by one or more minority or female persons; and ii) Whose management and daily business operations are controlled by one or more of such individuals. M/W/D/BE PARTICIPATION GUIDELINES The District will take necessary and reasonable steps to ensure that M/W/DBEs have the maximum opportunity to compete for and perform contracts. Do not discriminate on the basis of race, color, national origin, or sex in the award and performance of Harrisburg School District contracts. The utilization of M/W/DBEs is in addition to other equal opportunity requirements of the contract. Count M/W/DBE participation toward meeting M/W/DBE goals as follows: a) If a firm is determined to be an eligible M/W/DBE for contracting or subcontracting purposes, the total dollar value of the contract awarded to the M/W/DBE counts toward the applicable M/W/DBE goal. For example, if a firm is both an MBE and a WBE, you must declare which goal you are meeting, the MBE goal OR the WBE goal. You may not utilize one firm to meet both goals. If a firm is neither an MBE nor a WBE but is currently certified as a DBE with the Pennsylvania Unified Certification Program (PAUCP), you must declare which goal you are meeting, the MBE goal OR the WBE goal.

5 Pg. 5 b) Count toward the M/W/DBE goal(s) a portion of the total dollar value of a contract with a joint venture equal to the percentage of ownership and control of the M/W/DBE participant(s) in the joint venture. c) Count toward the M/W/DBE goals only expenditures to M/W/DBEs that perform a commercially useful function in the work of a contract. An M/W/DBE is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carrying out its responsibilities by actually performing, managing, and supervising the work involved. To determine whether an M/W/DBE is performing a commercially useful function, the Harrisburg School District will evaluate the amount of work subcontracted, industry practices, and other relevant factors. (d) Suppliers: (i) Count toward the M/W/DBE goal 60 percent of expenditures for materials and supplies required under the contract and obtained from an M/W/DBE regular dealer and count toward the M/W/DBE goal 100 percent of expenditures to an M/W/DBE manufacturer. (ii) An M/W/DBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies to be purchased for the work. (iii) An M/W/DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. (iv) An M/W/DBE regular dealer is a firm that engages in, as its principal business, and in its own name, the purchase and sale of the products in question. An MBE, WBE or DBE regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. (v) M/W/DBE brokers and M/W/DBE packagers are not regarded as M/W/DBE manufacturers or M/W/DBE regular dealers within the meaning of these provisions. (f) Count toward the M/W/DBE goal the following expenditures to

6 Pg. 6 M/W/DBE firms that are not M/W/DBE manufacturers or M/W/DBE regular dealers: (i) The fees or commissions charged for providing a BONA FIDE service, such as professional, technical, consulting or managerial services and assistance in the procurement of essential personnel and/or facilities. (ii) The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the M/W/DBE hauler, M/W/DBE trucker, or M/W/DBE delivery service is not also the M/W/DBE manufacturer of or an M/W/DBE regular dealer in the materials and supplies, provided that the fee is determined by the District to be reasonable and not excessive as compared with fees customarily allowed for similar services. (iii) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the contract, provided that the fee or commission is determined by the District to be reasonable and not excessive as compared with fees customarily allowed for similar services. CERTIFICATION OF MINORITY PARTICIPATION The apparent selected bidder MEETING or EXCEEDING the M/W/DBE goals must provide the following to the M/W/DBE Coordinator by 4:00 P.M. of the seventh (7th) calendar day after notification by the District: a) M/W/DBE Participation Statement The apparent selected bidder must provide a list of M/W/DBE firms that they will work with to fulfill the M/W/DBE goals. The District reserves the right to contact any M/W/DBE firm(s) with regard to the authenticity of the documentation as stated on the M/W/DBE Participation Statement. Any evidence of fraudulent information submitted by the apparent selected bidder with regard to M/W/DBE participation is subject to disbarment from District work and/or possible legal action. Any apparent selected bidder NOT MEETING the goals established by the District must submit documentation that demonstrates their good faith efforts to meet the M/W/DBE contract goals. i) You are expected to demonstrate good faith efforts by actively and aggressively seeking out M/W/DBE participation in the project

7 Pg. 7 to the maximum extent given all relevant circumstances. The following documentation represents the kinds of efforts that may be taken but are not deemed to be exclusive or exhaustive, and the District will consider other related factors and types of efforts that may be relevant: (1) Documentation of efforts made to select portions of the work bid to be performed by M/W/DBEs in order to increase the likelihood of achieving the stated goals, including, where appropriate, but not limited to breaking down contracts into economically feasible units to facilitate M/W/DBE participation. (2) Written notification dated at least fifteen (15) calendar days prior to the opening of bids to individual M/W/DBEs soliciting their participation in the contract as a subcontractor/subvendor. Indicate in the notification the specific items or type of work involved. (3) Written notification to minority, women and disadvantaged economic development assistance agencies and organizations that provide assistance in recruitment and placement of M/W/DBEs for the type of work being considered by M/W/DBEs on this contract. (4) Documentation of efforts made to negotiate with M/W/DBEs for specific items of work which should include the following: (a) The names, addresses, telephone numbers and s of M/W/DBEs who were contacted, along with the dates of initial contact and whether initial solicitations of interest were followed up by contacting the M/W/DBEs to determine with certainty whether the M/W/DBEs were interested; (b) A description of the scope of work provided to M/W/DBEs. (5) Documentation of contact with each M/W/DBE contacted but rejected and the reasons for the rejection. (6) Documentation to certify that no exclusivity agreement exists between you and an M/W/DBE firm in relation to this bid.

8 Pg. 8 (7) Documentation of efforts made to aid any M/W/DBEs that need assistance in obtaining required bonding, insurance, or lines of credit required by you. (8) Documentation to certify that qualified M/W/DBEs are not available, or not interested. (9) Documentation to certify attendance at any meetings to encourage better utilization of M/W/DBE firms and encourage M/W/DBE utilization opportunities, etc. (10) Documentation to certify advertisement in general circulation media, trade association publications, disadvantaged-focus media of interest for M/W/DBEs in area of interest. (11) Documentation of efforts to effectively use the services of available M/W/DBE community organizations; contractors' groups; local, state and federal business assistance offices; and other organizations that provide assistance in the recruitment and placement of M/W/DBEs. ACTIONS REQUIRED BY PRIME VENDOR (AFTERWARD) If the District approves an M/W/DBE Participation Statement which is less than the M/W/DBE goals of the contract, continued efforts to increase M/W/DBE participation must be made. a) If for any reason during the life of the contract it is necessary to replace an M/W/DBE that is unable to perform successfully, a good faith effort must be made to re-contract that work with another M/W/DBE firm. If the projected M/W/DBE participation on an approved M/W/DBE Participation Statement exceeds the goal amount for the contract without counting the amount committed to the defaulting M/W/DBE, then no contract shortfall exists and you need not replace the defaulting M/W/DBE. In compliance with the above adhere to the following procedure: i) Notify the District immediately in writing of the M/W/DBE's inability to perform and your intent to obtain a substitute M/W/DBE

9 Pg. 9 if an M/W/DBE contract shortfall exists. ii) When you learn an M/W/DBE is unable to perform successfully and the committed amount cannot be met, provide the District with a revised M/W/DBE Participation Statement (show total paid/due, if any, to defaulting M/W/DBE) and additional good faith efforts documentation by 4:00 P.M. of the seventh (7th) calendar day thereafter. The District will evaluate this documentation. The District will contact you if it has questions during its review of your good faith efforts documentation. iii) During the seven (7) calendar day period plus an additional period for District processing of the revised M/W/DBE participation plan, you may continue the defaulted work with your own workforce to maintain the scheduled progress of the work. iv) If the District cannot accept your good faith efforts, or if you fail to comply with these provisions, it will constitute a breach of contract that may result in termination of the contract, being barred from bidding on District contracts for up to three (3) years or such other remedy as the District deems appropriate. b) When additional and/or extra work is necessary and the original contract amount exceeds $150,000, the M/W/DBE contract goals apply to that additional and/or extra work each time the cumulative net dollar value of additional and/or extra work either exceeds $100,000 or is greater than 10 percent of the original contract amount, provide a revised M/W/DBE Participation Statement to the M/W/DBE Director and comply with the following procedures: i) Contact qualified M/W/DBEs and available M/W/DBE referral sources in an effort to contract the required percentage of the additional and/or extra work. ii) Provide the District with a revised M/W/DBE Participation Statement and good faith efforts information by 4:00 P.M. of the seventh (7th) calendar day after notification that the additional and/or extra work is approved. c) The District will evaluate your good faith efforts information. Again, the District will contact you if it has questions during its review of your good faith efforts information. d) If the District cannot accept your good faith efforts, or if you fail to comply with these provisions, this will constitute a breach of contract that

10 Pg. 10 may result in termination of the contract, being barred from bidding on District contracts for upto three (3) years or such other remedy as the District deems appropriate. e) Bring to the attention of the District, in writing, any situation in which regularly scheduled progress payments are not made to M/W/DBE firms. RE CO RDS AND RE P O RT S Keep such records as are necessary to determine compliance with your M/W/DBE obligations. Design these records to indicate: a) The number of M/W/DBE firms and the type of work performed on the project. b) The progress and efforts made in seeking out M/W/DBE organizations and individual M/W/DBE firms for work on the project to increase the M/W/DBE participation and/or to maintain M/W/DBE participation levels during the life of this contract. c) Documentation of correspondence, contacts, telephone calls, etc., to obtain the services of M/W/DBEs on the project. d) The Harrisburg School District uses an electronic PDF form that allows you to report payments to your subcontractors/subvendors on contracts you have with the District. The fillable PDF form will be sent to you via along with your Prime Vendor ID Number. Simply update the District s information regarding the payments you have made. i) Prime vendors will be required to report on the 10th of each month the M/W/DBE participation paid in the previous month. ii) In addition to monthly reporting, submit paid invoices, cancelled checks, electronic check images and certification attesting to actual amount paid to each M/W/DBE. iii) An explanation of the difference between actual amount paid and award amount, if any, must be provided. e) Maintain records for a period of 3 (three) years following

11 Pg. 11 acceptance of final payment. f) Make records available for inspection by the District. ACT I O N T O B E T AK E N B Y T H E DI S T RI CT (A F T E R A W A R D ) To ensure that your obligations regarding M/W/DBEs are met, the District will review your M/W/DBE program and its implementation throughout the contract. a) Sanctions: Upon completion of the work, the District will review the actual M/W/DBE participation realized and make a determination regarding your compliance with these specifications: i) In the event you are found to be in non-compliance, the District may impose sanctions that it deems appropriate. ii) The District may impose sanctions for unwarranted shortfalls in the approved goals.

12 Pg. 12 Harrisburg School District 3URSRVHG - M/W/DBE Participation 6WDWHPHQW This form must be completed and submitted with your proposal. RFP #: Name of Bidder or Proposer: Certification: Certified by: Address: Contact Person: Phone Number: List below all M/W/DBEs that were solicited whether or not commitment was obtained. Copy this form as necessary. 1. M/W/DBE Firm Name: Address: Contact Person: Phone Number: Certification: Certified By: PA UCP Other (please specify): Date Solicited: Solicitation Method: Phone Give Reason(s) If No Commitment Made: Quote Received: Yes No Types of Subcontract Work or Materials: Services: Materials: Commitment Made: Yes Date: No _ Amount Committed: $ Amount: $ % Of Total Bid: _ 2. M/W/DBE Firm Name: Address: Contact Person: Phone Number: Certification: Certified By: PA UCP Other (please specify): Date Solicited: Solicitation Method: Phone Give Reason(s) If No Commitment Made: Quote Received: Yes No Types of Subcontract Work or Materials: Services: Materials: Commitment Made: Yes Date: No _ Amount Committed: $ Amount: $ % Of Total Bid: _ 3. M/W/DBE Firm Name: Address: Contact Person: Phone Number: Certification: Certified By: Date Solicited: PA UCP Other (please specify): Solicitation Method: Phone Quote Received: Yes No Services: Materials: Commitment Made: Yes Date: No Types of Subcontract Work or Materials: _ Amount Committed: $ Amount: $ % Of Total Bid: _

13 Pg. 13 Give Reason(s) If No Commitment Made: Form prepared by (print name): Title: Signature: Date:

14 Pg. 14 HARRISBURG SCHOOL DISTRICT BIDDER/PROPOSER CONTACT FORM This form must be completed and submitted with your bid or proposal. RFP/PROJECT NUMBER: RFP/PROJECT TITLE: NAME OF BIDDER OR PROPOSER: MAILING ADDRESS: WEBSITE: *CONTACT PERSON: CONTACT PHONE: CONTACT FAX: CONTACT * Please list the individual at your company who deals with M/W/DBE concerns.

15 Pg. 15 Harrisburg School District M/W/DBE Participation Waiver Request STOP! If you have not made a good faith effort, you cannot request a waiver. If a good faith effort to utilize M/W/DBE contractors and/or suppliers has been performed and you have not completely met the M/W/DBE goals, the following is required in order to request a participation waiver: 1. Detailed proof of your good faith effort: Please attach copies of your database search results and any other documentation illustrating that you have made a good faith effort to fulfill the Harrisburg School District s goals. 2. Provide a brief description of what your business does: 3. Are there any inventory or supplies for the completion of this project? Please answer yes or no. If yes, please provide a list of those items. 4. A copy of your company's diversity policy: Please attach a copy of your company s diversity policy that addresses good faith efforts to include M/W/DBEs on company letterhead. This request is for business diversity and not an Equal Employment Opportunity (EEO) policy that addresses workforce or employment. If an active diversity policy does not exist, your company must be willing to develop and submit one within 45 days. If you need to request this 45-day extension, please do so below: 5. Provide a brief explanation as to why an M/W/DBE Participation waiver is being requested. Prepared by (print name): Title: Signature: Date:

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