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

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1 PROPOSER: _MBCR_ DATE: 8/21/13 CONSENSUS RATING: GOOD NARRATIVE SUMMARY: Based upon the material contained in the MBCR proposal especially those stated and demonstrated actions that clearly support their dual method of measuring successful DBE programs I have assigned an overall rating of Good to this evaluation factor. I believe that MBCR has demonstrated a commitment to expanding their previous successes in DBE commitments and outreach by initiating a company-wide top to bottom organizational responsibility for DBE results, which have in part allowed MBCR to enlist the participation of over 50 DBE firms in anticipation of their being the successful bidder on this contract. Innovative approaches, assistance in providing targeted outreach and technical support from a DBE certified consultant, and a host of related training and management initiatives provide additional examples supporting the assignment of an overall rating of Good. 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; 1

2 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. Evahiation 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 table below as one of the following: (i) Exceptional; (ii) Good; (iii) Acceptable; (iv) Potential to Become Acceptable; or (v) Unacceptable. 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 acceptable 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. 2

3 3) A rating of Acceptable is appropriate if the Proposer has demonstrated an approach that is considered to meet the stated criteria. This rating indicates an acceptable 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 Acceptable 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 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 acceptable or better Proposal. 5) A rating of Unacceptable is appropriate if the Proposer has demonstrated an approach that indicates significant weaknesses and/or unacceptable 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: 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; 4. Good faith efforts procedures, such as the G Comments/Justification for MBCR, on page 10-1 of their contract proposal, stated that they will... " build on our strong track record of growing DBE participation as measured by the number of Tier 1 and 2 DBE firms partnering with MBCR and the amount of expenditures with those subcontractors. " This commendable dual approach for measuring success is, for me, a key indication of how strong a commitment MBCR has for achieving positive results beyond their current level of DBE participation. MBCR has presented a well thought out action orientated DBE subcontracting and supplier program plan. Based on a continuing commitment to a core of 5 basic supporting elements (Management Advocacy and Accountability; Clear Goals & Objectives; Training and Awareness Programs; Extensive Outreach Activities; and, Ongoing Business Development Assistance to DBE's) they have pledged to... "maintain the activities and processes that have been instrumental to the success of our program." They go on to say that, at this point in the solicitation process, they have initiated and signed working agreements with over 50 DBE a value in excess of $27M, for use in the first three years of the contract. This translates into an 18% goal achievement as compared to the stated goal of 15%. Specific to Items 2 & 3 of 1, responsibility and accountability for desired results are stated to be a companywide mandate. In conjunction with the company's DBELO, and the General Manager, overall responsibility and

5 following: 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; Comments/Justification for accountability for achieving program goals are noted as predominantly shared within the EOD, Procurement, Engineering and Mechanical Departments. There is significant emphasis placed on company-wide DBE training initiatives that focus on these and other departments within the company. Program activities regarding monitoring, analyzing and reporting on monthly performance including record keeping are well spelled out on pages 10-4 and 10-9 of the proposal. 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 Efforts"; and 5. What, if any, technical assistance initiatives will be available for DBEs and Regarding Item 4 a-e, within 1, specifics on MBCR's Good Faith Efforts are outlined extensively on pages 10-4 through 10-10, as well as on pages and One example of particular note outlines the "systematic practices" that will be employed to ensure that every effort is made to contract out with a qualified DBE. MBCR's EOD office is described, on pages and 10-14, as having primary responsibility for assisting both existing DBE's in growing and advancing their business...as well as providing technical, financial and administrative assistance to other firms seeking DBE certification. To that end, MBCR has employed NICI a well known and respected certified DBE firm to help in providing technical assistance and procedural guidance to firms wanting to become DBE suppliers.

6 Small Business Enterprises (SBE) seeking to do business with the Proposer. Comments/Justification for 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 opportunitv, 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 DBEs for this project. G As noted in the response to Item 1 of # 1 above, MBCR has pointed out their extensive record of successful DBE participation over the last 10 years of the current contract with the. They point out that they have worked with more than 80 DBE firms, and procured in excess of $60M in goods and services, over this time period. Additionally, they further point out that at this point in the contract solicitation process... they have signed work agreements with over 50 DBE firms to procure in excess of $27M of goods and services during the first three years of the new contract. MBCR has advanced several noteworthy initiatives that support their stated overarching measures of success (i.e., increasing the number of participating DBE's while also expanding the types and $'s of related work assignments). Some examples include... > Prominently noting that program success is driven from the top down, starting with the General Manager and the DBELO, down through all levels of all departments within the company; > Mandated the design and roll out of DBE focused training programs to ensure that new hires and key staff in the Procurement, Engineering and Mechanical

7 Comments/Justification for Departments understand DBE requirements; > Hired an outside DBE certified firm to provide technical assistance and readiness training for firms wishing to become DBE certified contractors to MBCR; > Stated desire to find opportunities for incorporating mentor/protege program(s) through the use of consortia and/or joint ventures that arise over the course of the contract. 3. B 11.2(B) A DBE Utilization Certificate that includes the following components: 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); A All requested documentation for Items 1-4, under # 3, was provided and found to meet the stated requirements as presented in 10.B of MBCR's submitted proposal. 2. The agreed price to be paid to each DBE

8 for its work; Comments/Justification for 3. Identifying in detail the contract items or parts to be performed by each DBE, including a proposed timetable for the performance or delivery of the contract item(s); and 4. Other information as required by the DBE Participation Schedule. 4. B 11.2(C) A completed original DBE Letter of Intent signed bv each DBE listed in the DBE Participation Schedule. A All requested documentation for this item was provided and found to meet the stated requirements as presented in 10.C of MBCR's submitted proposal. 5. B 11.2(D) A copy of the most recent certification letter or document of each DBE listed in the DBE Participation Schedule. A All requested documentation for this item was provided and found to meet the stated requirements as presented in 10.D of MBCR's submitted proposal. 6. B 11.2(E) An original DBE Affidavit executed by each DBE listed in the DBE Participation Schedule statins that there has not been any change in its status since the date of its last certification. A All requested documentation for this item was provided and found to meet the stated requirements as presented in 10.E of MBCR's submitted proposal. 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 G Specific to Items 1-9 in # 7, and as referenced in previous sections of this document, MBCR has clearly documented their Good Faith Efforts to solicit and contract with DBE firms in conjunction with this particular contract proposal. They have engaged and signed agreement work

9 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; 2. Written notification to DBEs encouraging participation in the Contract; Comments/Justification for letters with over 50 DBE firms (achieving a projected DBE goal rate of over 18%); held various outreach events including the use of electronic data portals to educate and inform potential DBE participants; engaged the services of a DBE certified consultant to assist in working with existing DBE firms wishing to grow their business, as well as with other firms wishing to become DBE certified; and, have instituted a top down internal set of processes that fully supports their dual methods of measuring success. 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;

10 5. Providing interested DBEs with adequate information about the Contract in a timely manner to assist DBEs in responding to a solicitation; Comments/Justification for 6. Negotiating in good faith with interested DBEs. Proposers are responsible for 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; 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 10

11 in obtaining necessary equipment, supplies, materials or related assistance or services; and Comments/Justification for 9. Effectively using the services of available minority/women community organizations; minority/women 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. 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. G MBCR has provided a highlighted section (pages and 10-24) that summarizes the "Innovative" and/or "Best Practice" elements of their submitted proposal. As noted and discussed in previous sections of this document, I agree that they all are...at a minimum...examples of Best Practice but only agree that 3 of the 4 noted as Innovative are indeed Innovative. Despite this small difference of opinion, I was impressed with the breath of the items presented. EVALUATOR#l \ -^. V^>^EE