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

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1 PROPOSER: Keolis DATE: 8/19/13 OVERALL RATING: _AcceptabIe NARRATIVE SUMMARY: The Proposer committed to meeting the goals and meeting good faith efforts, but provided minimum components to their DBE Plan. Limited examples of what and how they would implement the plan was provided. With regard to their reference to the Federal regulations 49CFR, the guide/rules to developing the and implementing plan, they confused their roles and 's roles, this weakness can be corrected with communication. Obiective: 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 table below as one of the following: (i) Exceptional; (ii) Good; (iii) ; (iv) Potential to Become ; 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. 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 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 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 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 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; Potential to become Proposer pledges their commitment to meeting the and 49CFR part 26 federal requirements in developing their DBE plan. The Plan outlined the basic criteria as outlined in 49CFR. The proposer outlined 49CFR requirements but in some placed included their role when in fact the role, certification and participation in UCP is the responsibility of the. The DBE Plan included the necessary components of a DBE plan, using the phases outlined in the RFP, but provide little examples as to how they would implement the programs and initiatives. Example they did included was Joint Business Guide which would assist DBE about subcontracting opportunities, a web-base portal providing for DBE firms to be informed of procurement opportunities. Although they committed to breaking up projects i.e. bundle little examples was provided. Committed to provide training to DBEs Proposer provide limited example of firms for who they presently do business. Exceed the 15% goal - commitment to 17%

5 4. Good faith efforts procedures, such as the 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; 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 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 contractine 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 Committed to mentoring and partnering opportunities. Met with staff at SDO for their guidance and assistance. Worked with DBE, consultant firm, Diversity Development, to assist in their outreach during the bidding process. Hosted 2 events in different geographic locations. Provide DBE's with scope of service information. Reached out to technical assistance provides and professional associations. Committed to using DBE financial institutions and provided names. Committed to providing training to DBEs, but didn't provide examples of the training. Did provide dates of meetings or proposed outcomes.

7 DBEs for this project. 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); Although the proposer committed to 17% goal -it was to with 7 DBE firms. These firms represented a limited area of scope of services identified by the proposer as possible business opportunities. Not clear if they spoke or engaged all incumbents. Not clear if the duration is life of the contract or for the first 3 years at stated in the RFP. 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 timetable for the performance or delivery of the contract item(s); and 4. Other information as required by the

8 DBE Participation Schedule B 11.2(C) B 11.2(D) A completed original DBE Letter of Intent signed by each DBE listed in the DBE Participation Schedule. A copy of the most recent certification letter or document of each DBE listed in the DBE Participation Schedule. Not clear if the duration is life of the contract or for the first 3 years at stated in the RFP. Some of the letters of intent include per year others duration wasn't clear. 6. B11.2(E) An original DBE Affidavit executed by 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; Potential to become Worked with DBE, consultant firm, Diversity Development, to assist in their outreach during the bidding process. Hosted 2 events in different geographic locations. Provide DBE's with scope of service information. 30 attendees Roster of attendees not included, but RFP referenced the such an attachment Noticed of the event and the hand out of the scope of service was informative. Identified a diverse scope of potential services at the events, but limited there selection to a few areas. Listed a number of professional organizations, but omitted some well know to the transportation

9 2. Written notification to DBEs encouraging participation in the Contract; industry. Mention outreach to TA organizations, but didn't provide any details of the meetings or outcomes. 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; 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. 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. Identified some innovative and best practices Web-base procurement portal Making their training available to DBE firms Assisting M/WBE in DBE certification Joint Business Gude Evaluator #15 # vl Commuter Rail ProcureniSht ^K^Q^ 11