Okaloosa County BOCC — June 17, 2014 — DBE PROGRAM rev 6-2014 — reading text

measures as appropriate: 1. Configuring large contracts into smaller contracts when feasible, when to do so would make contracts more accessible to small businesses, and would not impose significant additional cost, delay or risk to the BOCC; 2. Identifying components of the work that have subcontracting opportunities and identifying the availability of DBE subcontractors to participate in an equitable proportion to total available subcontractors when it is infeasible to configure large contracts into smaller separate contracts. 3. Assisting in overcoming limitations in bonding and financing by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs, and other small businesses, obtain bonding and financing; 4. Providing technical assistance and other services in orienting small businesses to public contract procedures, and facilitating introductions to BOCC’s and other FTA recipients’ contracting activities; 5. Providing outreach and communications programs on contract procedures and specific contract opportunities to ensure the inclusion of DBEs and other small businesses, on BOCC mailing lists for bidders; ensuring the dissemination to potential prime bidders of lists of potential DBE and small business subcontractors; and provision of information in languages other than English, where appropriate; 6. Ensuring notification of the availability of the Florida UCP DBE Database to the widest feasible universe of potential prime contractors; and 7, Providing business development assistance to help DBEs, and other smail businesses, improve long-term development, increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects, and achieve eventual self-sufficiency; 8. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate DBE, and other small businesses, participation. Prime Contractors will be encouraged to consider subcontractors for components of the work that they might otherwise perform with their own forces, including DBEs, subcontractors, in preparing their bids. 9. Ensuring notification of the availability of the Florida UCP DBE directory, to potential prime contractors bidding BOCC projects: 10. Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media The BOCC will use contract goals to meet any portion of the overall goal BOCC does not project being able to meet using race-neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of BOCC’s overall goal that is not projected to be met through the use of race-neutral means. BOCC will establish contract goals only on those DOT-assisted contracts that have subcontracting possibilities. BOCC need not establish a contract goal on every such contract, and the size of contract goals will be reasonable and adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work.) BOCC will express a contract goai as a percentage of the total amount of a DOT- assisted contract. BOCC is located within the jurisdiction of the U.S. Court of Appeals for the Ninth Circuit and BOCC is subject to Western States Paving, Inc. v. Washington State Department of Transportation, 407 F.3d 983. BOCC will verify with DOT whether BOCC may use DBE contract goals and/or raceconscious measures when implementing BOCC’s DBE program. Absent such approval from DOT, BOCC will operate an entirely race-neutral DBE programs. Section 26.53 Good Faith Efforts Procedures Award of Contracts with a DBE Contract Goal: 26.53(a) In those instances where a contract-specific DBE goal is included in a procurement/solicitation, BOCC will not award the contract to a bidder who does not either: (1) meet the contract goal with verified, countable DBE participation; or (2) documents it has made adequate good faith efforts to meet the DBE contract goal, even though it was unable to do so. It is the obligation of the bidder to demonstrate it has made sufficient good faith efforts prior to submission of its bid. Information to be Submitted: 26.53(b) Each solicitation for which a contract goal has been established will require the bidders/offerors 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 will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractors commitment and 6. If the contract goal is not met, evidence of good faith efforts will be required to be submitted to BOCC within three business days of the due date of the bid or offer.. Evaluation of Good Faith Efforts: 26.53(a) & (c) BOCC treats bidder/offers’ compliance with good faith efforts’ requirements as a matter of responsiveness. The BOCC DBELO, in collaboration with BOCC staff, is responsible for determining whether a bidder/offeror who has not met the cont race goal has documented sufficient good faith efforts to be regarded as responsive. BOCC’s evaluation of good faith efforts will be conducted in accordance with “Appendix A to Part 26 - Guidance Concerning Good Faith Efforts” The processes used by BOCC to determine whether good faith efforts have been made by a bidder are as follows: If bidder or proposer does not meet the established DBE goal, and is required to submit documentation of good faith effort, then a good faith efforts submission shall be provided within three business days from the bid/proposal submittal date, which shall include a signed DBE Good Faith Efforts Checklist (form provided by BOCC) and supporting documentation that the bidder/proposer made a good faith effort to meet the goal. BOCC may allow a longer period based on submittal of a request demonstrating good cause for such extension. Good faith efforts at a minimum include, without limitation, the following where applicable: a. Attendance at the pre-bid meeting. b. Advertisement in trade association newsletters and minority-focused media within a reasonable time before bids are due for specific sub-bids that would be at least equal to the percentage goal for DBE utilization specified for the project. c. Notification in writing to minority contractor associations within a reasonable time before bids are due of a solicitation for specific sub-bids. d. Direct negotiation with DBEs for specific sub-bids. e. A report with: 1. A detailed statement of the efforts made to negotiate with DBEs including at a minimum (a) the names, addresses, and telephone numbers of DBEs who were contacted; (b) a description of the information provided to DBEs regarding the plans and specifications for portions of the work to be performed; and (c) a detailed statement of the reasons why additional prospective agreements with DBEs, if needed to meet the stated goal, were not reached. 2. A detailed statement of the efforts made to select portions of the work proposed to be performed by DBEs in order to increase the likelihood of achieving the stated goal. 3. As to each DBE contacted which the bidder considers unqualified, a detailed statement of the reasons for the bidder's conclusion. 4. As to each DBE contacted which the bidder considers to be unavailable, an Unavailability Certificate signed by a DBE, or a statement from the bidder that the DBE refused to give such written certification after reasonable request, and a detailed statement from the bidder of the reasons for the bidder's conclusion. 5. The name(s) of the certified DBEs whose bid(s) were rejected, the description of the work, price quote(s), and an explanation why they were rejected. Also provide the name(s), description of the work, and price quote(s) of the non-DBE subcontractors whose bids were accepted. BOCC will ensure that all information is complete and accurate and adequately documents the bidder/offer’s good faith efforts before BOCC commits to the performance of the contract by the bidder/offeror. Administrative Reconsideration: 26.53(d) The BOCC's Bid Protest procedures will be available as administrative reconsideration to bidders/proposers who are determined by the DBE Liaison Officer to be nonresponsive to the Good Faith Efforts requirements of the Invitation for Bid or Request for Proposal. Within ten (10) days of being informed by BOCC that it is not responsive because it has not documented sufficient good 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