Selection Committee PROPOSER: Keolis DATE: 8/25/2013 OVERALL RATING: NARRATIVE SUMMARY: DBE Plan submitted in the Proposal meets both the federal and 's DBE program requirements. DBE Utilization is proposed to be 17% ($10.1 million) over the term of the contract as noted in the DBE Participation Schedule. Only 7 DBE firms are proposed. Director of Equal Employment Opportunity, Diversity and DBE will be complimented with an ADA Compliance Officer to strengthen monitoring, reporting and tracking of the DBE program to ensure full compliance. Keolis will publish a Joint Business Guide explaining the rights and responsibilities of subcontractors and will develop a web based Procurement Portal to inform all contractors and subcontractors on upcoming procurements. Keolis has met with the Executive Director of the SDO to solicit their assistance in achieving a higher level of DBE participation. Partnered with Diversity Development LLC (a DBE firm) to provide technical assistance to interested DBE firms and to conduct further outreach efforts. 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, 1
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. 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. 2
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 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 B (Operations and Management Proposal Instructions) to the Instructions to Proposers. 3
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, presolicitation 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 Comments/Justification for DBE Plan submitted in the Proposal meets both federal and 's DBE Program requirements. Keolis will sign an assurance that it will comply with federal requirements. Program would utilize 7 Firms with a DBE utilization of 17% which exceeds the Goal of 15%. This utilization is valued at $10,103,808. Report DBE participation on a quarterly basis using DOT forms. Monthly written reports will be submitted summarizing payments made to DBE firms. Director for Equal Employment Opportunity, Diversity and DBE Management is the Liaison Officer. Monitoring procedures will be in place to verify that work committed to DBEs are actually performed by DBEs. This will be accomplished by on-site inspections, interviews and review of financial records. Removal of a DBE firm's eligibility will be determined by the Adjudication Board of
following: Comments/Justification for the Mass. Supplier Diversity Office. a) Arranging solicitations, time for the presentation of quotes, quantities, specifications and delivery schedules to facilitate the participation of DBEs; Will create and publish a Joint Business Guide explaining rights & responsibilities of subcontractors. Available on web-based procurement portal. 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; Bidding opportunities will be available on the procurement portal mentioned above. Partnered with Diversity Development, LLC (a DBE firm) to provide technical assistance to the DBE firms and conduct outreach events. 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 A to Part 26 entitled "Guidance Concerning Good Faith Efforts"; and Develop an "Interested Subcontractor Database" of DBE firms for Prime Contractor reference. See 5. Below for description of the assistance to be provided to DBEs. Firm commitment to meet or exceed the 15% goal required in the Contract. Supporting evidence was submitted. 5. What, if any, technical assistance initiatives will be available for DBEs and Small Business Enterprises (SBE) seeking Partnered with Diversity Development, LLC (a DBE firm) to provide technical assistance. They will assist DBF's in
to do business with the Proposer. Comments/Justification for finding bonding capacity and transition assistance to obtain DBE Certification. Make training courses available to employees of subcontractors. 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 DBEs for this project. The Liaison Officer will be assisted in the implementation of the program by an ADA Compliance Officer. These individuals will participate in prebid meetings, plan and participate in DBE training sessions, help small businesses obtain DBE Certification and provide outreach to DBEs and community organizations to inform them of subcontracting opportunities. To the extent possible large contracts will be unbundled to allow for small business and DBE participation.
3. B 11.2(B) A DBE Utilization Certificate that includes the following components: Comments/Justification for DBE Utilization Certificate included in the Proposal noting required information. 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); Total DBE Utilization is certified to be 17% = $10,103,808. 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 DBE Participation Schedule. 4. B 11.2(C) A completed original DBE Letter of Intent signed bv each DBE listed in the DBE Participation Signed DBE Letters of Intent were included in the Proposal for all firms listed on the DBE Participation Schedule.
Schedule. Comments/Justification for 5. B 11.2(D) A copy of the most recent certification letter or document of each DBE listed in the DBE Participation Schedule. All Certification Letters or Documents were included in the Proposal. 6. 7. B 11.2(E) B 11.2(F) 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. Documentation of the Proposer's good faith efforts to solicit and contract with DBEs, in accordance with 49 CRF Part 26 and its A to Part 26 entitled "Guidance Concerning Good Faith Efforts", including factual evidence of the following: Potential to Become An executed DBE Affidavit was included in the Proposal for all firms listed on the DBE Participation Schedule. However, the Affidavit for A.J. Cleaning did not have the Signature and Title of Person Making Affidavit. 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; 3. Soliciting through all reasonable and Two outreach sessions were held in Lowell and Boston. List of firms attending included in the Proposal. Written notifications send to DBE firms on ODCR and SDO lists. Contacted 50 potential subcontractors not yet certified as DBEs.
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; Comments/Justification for Web based Procurement Portal available to all. 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; A defined scope of work for DBE firms was developed by Keolis which was presented at their outreach sessions and is available on their web-based procurement gateway. 5. Providing interested DBEs with adequate information about the Contract in a timely manner to assist DBEs in responding to a solicitation; Developed DBE scope of services as mentioned above. Held one-on-one discussions at the outreach sessions. 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 List of DBE firms Keolis negotiated with to provide services is included in the proposal. The 7 firms they entered into contracts with will have a combined total of 17 % of goods & services with a value of $10,103,808. This exceeds the stated goal of 15% in the procurement.
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; See above for the services Diversity Development, LLC will be providing. 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 contractors' groups; local, state and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. See above for the services Diversity Development, LLC will be providing. Partnered with Diversity Development, LLC to solicit interests of local DBE firms. Keolis met with the Executive Director of the SDO to involve SDO in compliance efforts and to assist in achieving higher levels of DBE participation. Keolis is a member of the Massachusetts Unified Certification Program which assists DBE Firms in having equal opportunity. 10
Comments/Justification for 8. B 11.2(G) The Proposer shall: (i) identify those portions of the information that it provided in response to Section B11.2(A) through B11.2(F) of 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. Publish a Joint Business Guide explaining the rights and responsibilities of subcontractors. Develop a web based Procurement Portal available to everyone to obtain information on doing business with Keolis and information on upcoming procurements. Training courses will be made available to subcontractor employees. Keolis has signed the Federal Financial Assistance Assurance Agreements. Evaluator #25 rj Liaison Officer will be complimented with an ADA Compliance Officer to strengthen monitoring, reporting and tracking of the DBE program to ensure full compliance. jmam^- Q. (2#/^ 11