Loading...
HomeMy WebLinkAboutDBE PROCEDURES PROGRAM POLICY '. . Procedures for Disadvantage Business Enterprise Program Purpose · These procedures are established to ensure the optimum results from the DBE program. The procedural objectives are: · Establish project aspiration goals that are reflective of the relative availability of eligible disadvantaged businesses in the trade areas inherent in the contract. . Establish a monitoring process that ensures that the DBE utilization goals are met by the contractor on all contracts. . Establish an open communication process between the City, contractor, and DBE subcontractor. · Create an environment of efficient problem resolution between the City, contractor, and DBE subcontractor. . Create a reporting process that captures all relevant data to ensur~ accurate and timely reporting to the applicable modal agencies. . Identify the responsible parties for each program procedure. 1 . DBE Program Article 7 ~ 1-10-61. POLICY. It is the policy of the Augusta-Richmond County Commission, other Augusta-Richmond County officials, and employees that all necessary and reasonable steps shall be taken to ensure that disadvantaged business enterprises including small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts. Further, the Augusta- Richmond County Commission has the option to establish incentives to promote business opportunities covered by this section. Non Bid Opportunities · Small purchase contracts. Small purchases of less than $1,500 but more than $100 must have: · Increase the vendors · Rotate vendors 2 Annual Procedures Identify all contracts that are scheduled for award during the next fiscal year. Conduct an analysis of each of the scheduled contracts to identify trade areas where subcontracting opportunities will exist by Standard Industrial Code for each trade/scope of work. Compile year to date prime and subcontracting information for all contracts where activity has occurred during the current fiscal year. Prepare a quarterly summary of the current fiscal year contract activity and contracting activity that will occur during the next fiscal year. Forward the information to the Disadvantage Business Enterprise Department (DBE) each year. . Work collaboratively with the DBE Department to determine an annual DBE utilization goal and prepare the proposed annual goal report. Construction Projects Goal Setting Procedures Department Staff DBE Department Staff Notify the DBE ~Meet with appropriate departmental staff to review the CSI Department when the and gather information pertinent to the goal setting process. design of the upcoming ~Compile statistical data on the overall market area project is at least 80% availability of firms ready, willing, and able to participate in the complete and provide a contract as prime contractors, subcontractors or suppliers. copy of the project ~Review historical information to determine the degree of specifications. anticipated DBE participation to be achieved. ~Provide written recommendation to the applicable Provide copy of the department for a DBE utilization goal on the project. Construction ~Distribute the goal recommendation to the Department Specification Institute project engineer, consultants, and other interested parties for (CSI) (Attachment A) review. breakdown of the project ~Meet with the project manager, consultant, and other to be constructed. interested parties to finalize the project goal. ~Review the final utilization goal language in the specifications. 3 Design, Professional Services, and Procurement Project Goal Setting Procedures Department Staff Procurement DBE Department Department Notify the DBE at least Provide a copy of the Meet with Department staff to review the scope of work for 30 days prior to the RFP to the DBE and projects to determine trade and/or procurement areas that issuance of a Request the Department for will be inherent in the contract. for Proposal for the review 5 days prior to design phase of release. Compile statistical data on the overall market area project or for a availability of firms ready, willing, and able to participate in professional services the contract as prime contractors, subcontractors, or or procurement suppliers. contract. Provide a draft of the Review historical information to determine the degree of Proposal language to anticipated DBE's participation to be achieved. the Procurement and DBE Department, Provide a written recommendation to the applicable including a description department for a DBE utilization goal on the project. of the scope of work to be performed or the Review the DBE goal language in the final RFP document. product(s) to be provided under the contract. Pre-bid and Pre-proposal Procedures Department/Procurement Department DBE Department Staff Notify the DBE Department in 7 business days of the location, dale, and time of the pre-bid or pre-proposal conference for the project. Attend the pre-proposal meeting and provide information regarding the DBE program requirements for the project. Review the purpose and completion of requirements for all DBE paperwork submittals required with the bid submittal (Attachment B): ~Letter of Intent signed by DBE subcontractor ~Proposed DBE Participation form signed by prime contractor ~Identification Statement for Disadvantaged Business Enterprises filled out and signed by DBE subcontractor 4 Bid Opening Procedures Procurement DBE Department Procurement Department Department Forward all DBE 'Review the DBE paperwork forwarded by the Procure- submittal utilization ment Department to ensure all bidders met the submittal forms to the DBE requirements. Department no later 'Ensure all firms listed on the proposed DBE utilization form are than 5:00 p.m. of certified by the DBE Department, USDOT or other recognized the day following certification entity. the bid opening. 'Ensure all bidders proposed utilization of DBE firms is equal to, or greater than, the required DBE goals for the project OR that documentation was submitted to substantiate the good faith efforts to obtain DBE participation. 'Make a written determination as to the responsiveness of each bidder that proposed to meet the established DBE project goals in accordance with the requirements stated in the project specification documents. 'Forward the written determination of responsiveness to the Procurement and the Department after the date of the bid opening. Good Faith Waiver Procedures DBE Department Procurement Department Review the good faith effort submittal of any bidder that failed to meet the established DBE utilization goal on the project for compliance with the good faith effort criteria contained in bid documentation. Draft a written recommendation to declare the good faith submittal responsive or non-responsive to the require- ments of the specifications. Recommendation must cite the basis for the recommendation. Notify the Department by phone of the good faith waiver decision within 72 working hours of the date of the bid. Notify the bidder by certified mail and phone of the good faith waiver decision within 72 working hours of the date of the bid. If the bidder is found to be non- responsiveness, notification is provided regarding the process for requesting an administrative reconsideration of the decision. 5 Administrative Reconsideration Procedures Bidder DBE Director Reconsideration Official Submit a written Appoint a Reconside- Set a date and time for the reconsideration pro- request for an ation Official to preside ceeding and notify all concerned parties within five administrative over the administrative days from the receipt of the request for reconsi- hearing within three reconsideration pro- deration. Notification to the bidder shall be by working days from ceedings. The Official certified mail. The proceeding shall be scheduled the date of receipt shall not have played a no less than five working days, nor more than ten of the certified mail role in the original working days, from the date of mailing of the notification of non- determination that the certified mail notice. responsiveness. bidder was non- Requests are to be responsive to the DBE Preside over the administrative proceeding pro- mailed to: requirements of the bid viding opportunity for oral testimony from the bidder specifications. and other concerned parties pertaining to the Geri Sams, information submitted in the bid packet. The DBE Procurement Prepare a file of all rele- Department representative will also be given oppor- Director vant documentation tunity to testify as to the reasons for the finding of 530 Greene Street, including the bidder's non-responsiveness. Room 605 original submittal of good Augusta, GA 30911 faith and the written deci- Issue a written reconsideration decision within five sion of non- working days from the date of the reconsideration responsiveness and proceeding, The findings of the Reconsideration forward the files to the Official shall be considered final by the Augusta- Reconsideration Official Richmond County and the bid shall be awarded in appointed by the DBE accordance with the findings. Director. Pre-Construction Procedures Department Project DBE Department Staff Manager Notify the DBE 1. Attend the pre-construction and/or the partnering meeting and partici- Department of the pate to establish a working relationship with personnel that will be involved date and time set for in the project. the pre-construction 2. Review the DBE requirements that the prime contractor will be required or partnering to meet during the course of the contract. The review includes items listed meeting. on the Pre-Construction Meeting Checklist (Attachment C): Complete list of all contractors and suppliers that submitted bids or quotes in an effort to participate on the contract. ~ All subcontracts with DBE subcontractors listed on the proposed utilization bid form. ~Monthly Contractors Statement of DBE Utilization form. ~Copies of all Pay Requests submitted for payment. ~Copies of all change orders affecting DBE subcontractors. ~Certification of Payment to DBE Firms form submitted when a DBE firm has completed its subcontracl and been paid for the work performed. Provide information on how DBE work on the cOntract will be counted towards the required DBE utilization. 6 Contract Compliance Monitoring Procedures Project Managers Prime DBE Department Staff Contractor Notify the DBE Provide 'Establisha project monitoring file in accordance with the DBE Department of the information to file checklist (Attachment D). plan for the DBE 'Complete information on the DBE Project Summary Log and scheduled Department place in the monitoring file (Attachment E). meetings on the regarding the 'Collect copies and review all subcontracts with DBE firms to project. work ensure subcontracts are consistent with the prime contractors schedule of DBE utilization commitment at the time of bid. Place the DBE allDBE 'Attend project meetings on a regular basis and maintain a subcontractor Department on s and any record of the issues discussed relevant to DBE utilization. the distribution list to receive all issues or 'Conduct on-site visits to ensure that DBE firms are meeting notices concems on independently performing functions of the contract. On-sites and meeting the contract are conducted in the following manner: minutes. involving DBE 'On-sites are conducted at least once with each DBE firms subcontractor for jobs with a duration of less than six months. Collect and Projects exceeding six months should have a minimum of two on-site visits with DBE firms. provide project 'On-sites are not scheduled with the DBE firm, but conducted information to the randomly. DBE Department as requested. Contract Compliance Monitoring Procedures (continued) Department Project Manager Prime Contractor DBE Department Staff Forward a copy of all pay Continue to demonstrate On-site visits should consist of requests submitted by the good faith efforts throughout observing all equipment at the job prime contractor to the DBE the contract to utilize DBE site and work being performed by Department. firms in accordance with the employees related to the subcon- proposed utilization in the tracts of DBE firms. The job Communicate in writing with original bid documents: foreman and other personnel on- site may be interviewed to deter- the DBE Department mine who is employing staff regarding any projected working on the job. changes in the DBE utilization on the project. This includes Complete an On-site Monitoring requests to remove a DBE report form for each visit made to from the project for cause, the job site (Exhibit F). replace a DBE firm with Review pay requests and another DBE or a non-DBE, Statement of DBE Utilization change a DBE's contract, or (Attachment G) forms submitted by change the scope or extent of the prime contractor on a monthly work a DBE will perform on basis to ensure that actual DBE the contract. utilization is in line with the overall prime contractor commitment. 7 Contract Compliance Monitoring Procedures (continued) Prime Contractor (cont) DBE Department Staff -Replacing a DBE firrn that will not perform -Facilitate alternate dispute resolution proceedings to on the project with another DBE in a similar mediate payment, performance, and other disputes scope of work between the prime contractor and DBE subcontractors. -ProViding opportunity for increased DBE Proceedings are documented in writing and sent by participation when change orders increase certified mail to all involved parties. work in the area of a DBE's subcontract. -Ensure the project rnanager submits a completion letter 'Work with the DBE subcontractor(s) to upon cornpletion of punch list of the project. complete the .Certification of Payment to -Ensure that a closure letter is received and placed in DBE Subcontractors. form to document the project file when all punch list iterns are completed that the DBE has completed work and on the project. been paid in accordance with the -Ensure that a .Certification of Payment to DBE contractual arrangements. Subcontractors. form (Attachment H) is received for -Participate in alternate dispute resolution each DBE firm that performed work on the contract. proceedings to address payment, -Verify that the utilization of DBE firrns shown on the performance, or other issues with DBE final Pay Request frorn the prime contractor matches subcontractors. the amounts paid to DBE firms as attested to on the Certification of Payment to DBE Subcontractors forrn. -Issue a letter documenting the actual DBE participation achieved on the project to the prime contractor. DBE Compliance Reporting Procedures Department Staff DBE Department Staff ~Compile end of year data on the following Create project information on the .DBE areas related to DBE and non-DBE Track" log for every federally-funded utilization on contracts by November 1st of contract at the time of goal setting. each year: Information captured on the report includes: ~List of all projects that bid during the past ~Project name fiscal year ~Projected bid date ~List of projects that were contracted prior ~Projected end date of project to the past fiscal year where work carried ~Eslimated cost of project over into the past fiscal year ~DBE utilization goal established ~List of projects that will carry over into the next fiscal year Update the DBE Track information for the ~List of projects that were completed during the past fiscal year project at the time of award to include: ~Total dollars paid to prime contractors, by ~Prime contractor project, for all projects where work ~Date of bid occurred during the past fiscal year ~Date of contract award ~Completion percentage of all projects that ~Amount of contract are incomplete at the end of the fiscal year ~DBE subcontracting participation proposed by prime contractor 8