Okaloosa County BOCC — January 5, 2016 — DBE PROGRAM Jan 2016 Revisions — reading text

faith efforts, a bidder/proposer may request administrative reconsideration. Bidders/proposers should make this request in writing to the following reconsideration official: Okaloosa County Purchasing Manager, Zan Fedorak, 602-C N. Pearl Street, Crestview, FL 32536, 689-5960, zfedorak@co.okaloosa,fl.us. The reconsideration official will not have played any role in the original determination that the bidder/proposer did not make or document sufficient good faith efforts. As part of this reconsideration, the bidder/proposer will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/proposer will have the opportunity to meet in person with BOCC's reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. BOCC will send the bidder/proposer a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. Good Faith Efforts when a DBE is Terminated/Replaced on a contract with Contract Goals: 26.53(f) BOCC requires that prime contractors not terminate a DBE subcontractor listed on a bid/contract with a DBE contract goal without BOCC’s prior written consent. Prior written consent will only be provided where there is “good cause” for termination of the DBE firm, as established by Section 26.53(f)(3) of the DBE regulation. Before transmitting to BOCC its request to terminate, the prime contractor must give notice in writing to the DBE of its intent to do so. A copy of this notice must be provided to BOCC prior to consideration of the request to terminate. The DBE will then have five (5) days to respond and advise BOCC of why it objects to the proposed termination. The five day period may be reduced if the matter is one of public necessity (e.g., safety.) In those instances where “good cause” exists to terminate a DBE’s contract, BOCC will require the prime contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. BOCC will require the prime contractor to notify the DBE Liaison officer immediately of the DBE’s inability or unwillingness to perform and provide reasonable documentation. In this situation, BOCC will require the prime contractor to obtain BOCC’s prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. Sample Bid Specification: The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of BOCC to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of ____ percent has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 5), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and (5) if the contract goal is not met, evidence of good faith efforts. Section 26.55 Counting DBE Participation The BOCC will count DBE participation toward overall goals as provided in 49 CFR 26.55. Subparts D & E– Certification Section 26.61 – 26.73 Certification Process Section 26.81 Unified Certification Programs The BOCC is a non-certifying member of a Unified Certification Program (UCP) administered by Florida Department of Transportation (FDOT). The UCP will meet all of the requirements of this section. The BOCC will use and count for DBE credit only those DBE firms certified by the FDOT. The following is a description of the UCP: The Florida Department of Transportation's Equal Opportunity Office was created to administer the Department's Disadvantaged Business Enterprise Program, Title VI Program (Nondiscrimination in State and Federal Programs and Activities), and Internal and External Equal Employment Opportunity/Affirmative Action Program (Title VII). The mission of the Equal Opportunity Office is to ensure economic prosperity for all by:  Ensuring equal opportunity in employment, participation, benefits, services, and contracts.  Eliminating unlawful discrimination.  Encouraging diversity in all Florida Department of Transportation programs and activities. The UCP provides one-stop shopping where disadvantaged businesses that meet the DBE certification requirements and become certified are eligible to be used to meet the DBE goal requirements on any project with funding from the U.S. Department of Transportation. The UCP eliminates the need for multiple DBE certifications with recipients of funding from the U.S. Department of Transportation. 1. In Florida, DBE UCP Certifying Members shall make certification decisions on behalf of all recipients in the state, with respect to participation in the U.S. Department of Transportation DBE Program. 2. The UCP shall provide one-stop shopping to applicants for certification, such that an applicant is required to apply only once for a DBE certification and all recipients in the state will honor that certification. 3. All obligations of recipients with respect to certification and nondiscrimination must be carried out by UCPs, and recipients may use only UCPs that comply with the certification and nondiscrimination requirements of 49 CFR Part 26. 4. A UCP is not required to process an application for certification from a firm having its principal place of business outside the state of Florida if the firm is not certified by the UCP in their home state, where it maintains its principal place of business. 5. A UCP DBE Directory containing all firms certified by the Florida DBE UCP Program is available to the public electronically, on the internet. The DBE Directory is updated as additions/changes are made. The web address for the DBE Directory is https://www3.dot.state.fl.us/EqualOpportunityOffice/biznet/mainmenu.asp Section 26.83-26.91 Procedures for Certification Decisions The BOCC will follow the certification processes of Subpart E of Part 26 to determine the eligibility of firms to participate as DBEs in DOT-assisted contracts. A copy of FDOT’s certification procedures is available at: http://www.dot.state.fl.us/equalopportunityoffice/. For information about the certification process or to apply for certification, firms should contact: Florida Department of Transportation Equal Opportunity Office Arthur E. Wright, Manager 605 Suwannee Street, MS-65 Tallahassee, FL 32399 Tel: (850) 414-4747 Fax: (850) 414-4879 Any firm or complainant may appeal a FDOT decision in a certification matter to DOT. Such appeals may be sent to: U.S. Department of Transportation Office of Civil Rights Certification Appeals Branch 1200 New Jersey Ave. SE West Building, 7th Floor Washington, D.C. 20590 The BOCC will promptly implement any DOT certification appeal decisions affecting the eligibility of DBEs for our DOT-assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was erroneous). Subpart F – Compliance and Enforcement Section 26.109 Information, Confidentiality, Cooperation The BOCC will safeguard from disclose to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. Notwithstanding any contrary provisions of state or local law, we will not release personal financial information submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitter. Florida – Procedures for public records request. Public records requests are governed by Florida Statutes Chapter 119.07, et seq. The act requires that records requests be submitted to the records custodian of each department. The custodian is the elected or appointed public official who has the responsibility of handling public records requests. The custodian can also designate individuals to serve as temporary custodians. Purpose and use The act does not permit a public agency to ask for the individual’s purpose in requesting records and does not restrict the use of records once they have been issued. Who may request public records? Any person may request public documents in Florida. "It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." Fees A government agency may charge fees for records requested under the act:  A copying fee may be charged. It should be limited to the actual copying cost, except in cases where the law sets a specific fee. In addition, if there is no specific law regarding fees, the records office may charge up to 15 cents per one-sided copy for duplicated copies of not more than legal size paper. They may charge no more than an additional 5 cents for each two-sided copy and the actual cost of duplication of the public record for all other copies.  The "actual cost of duplication" is defined. Section 119.07(1)(a) says that it means "the cost of materials and supplies used to duplicate the record but it does not include the labor costs or overhead costs associated with such duplication."  Generally, the fee should not exceed 15 cents for copies, if the copies are 8.5 x 14 inches or less.  The state's attorney general said in an opinion that "providing access to public records is a statutory duty imposed upon all record custodians and should not be considered a revenue-generating operation." Special service charges Special service charges over-and-above copying fees are permitted in some circumstances:  According to a 1995 statute, this fee is intended for those times when the records requested "require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency."  "Information technology resources" is defined as "data processing hardware and software and services, supplies, personnel, facility resources, maintenance and training, or other related resources."  Charges levied under this 1995 statute are supposed to reflect the actual costs of the agency that does the work.  These charges are not supposed to be levied for