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CITY OF ORLANDO CONSTRUCTION CONTRACT BID SPECIFICATIONS
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION

Notice of Minority Business Enterprise Requirement

Each Contractor must fully comply with the requirements, terms and conditions of Chapter 57, Article II and III, of the Code of the City of Orlando, Minority and Women-Owned Business enterprises (MBE/WBE), including the goals for minority and women-owned business participation and the goals for minority and women employment during the performance of this contract. The Contractor commits itself to the goals for minority and women-owned business participation and the goals for minority and women employment contained herein and all other requirements, terms and conditions of these bid conditions and Chapter 57 by submitting a properly signed bid and by executing an affidavit indicating both present and continued compliance with all minority and female requirements for this Contract. This notice is to assist you, however, there may be areas of concern to you which are not covered or which are only partially detailed herein. You, therefore, are encouraged to review Chapter 57 Articles II and III in their entirety.

The Contractor will appoint a company executive to assume responsibility for the implementation of such requirements, terms and conditions.

All Contractors are advised that the CITY specifically reserves the right that if during any fiscal year, bids are being sought by the CITY for a contract to provide supplies, services or construction and that the CITY has not achieved the goals established in accordance with the City Code, the contract may be awarded to the lowest responsible and responsive bidding minority or women-owned business enterprise, as applicable, meeting contract specifications unless it appears that the minority or women-owned business enterprise's bid is unreasonably priced, or if in the judgment of the CITY, the minority or women-owned business enterprise's bid is neither in the best interest of the CITY nor the lowest and best bid. All other factors being equal, preference shall be given to minority and women-owned business enterprises located in Orange County. For the purpose of this subsection, an "unreasonable price" is a price above competitive levels which cannot be attributed to the minority or women-owned business enterprise's attempt to cover costs inflated by the present effect of disadvantage or discrimination.

Part I: Goals for MBE Program

It is the policy of the City of Orlando that Minority and Women-Owned Businesses shall have the maximum feasible opportunity to participate in the performance of CITY contracts

  • The Contractor agrees to use its best efforts to carry out this MBE Policy through award of subcontracts to Minority and Women-Owned Business Enterprises to the fullest extent consistent with the efficient performance of this Contract. As used in this contract, the term "minority business" is defined as a business firm which is at least 51% owned and controlled by minority group members and which has been officially certified or recognized the CITY as an MBE.  The minority ownership must exercise actual day-to-day management and independent control. For the purpose of this definition, minority group members are Black Americans, Hispanic Americans, Asian Americans, and Native Americans. As used in this Contract, the term "women-owned business" means a business firm which is at least 51% owned and controlled by women and which has been officially certified or recognized by the CITY as a WBE. The women ownership must exercise actual day-to-day management and independent control.
     
  • Only those companies which are certified or recognized, or companies which are certified by programs which have been granted reciprocity by the CITY, may be utilized to meet the goals established by Chapter 57. The MBE Office can supply the Contractor with a list which names all those companies certified or recognized by the City. Should a Contractor wish to use a company granted certification through the City's reciprocity program, the Contractor should verify the status of that company with the MBE Coordinator prior to bid opening. Those businesses receiving certification must have their principal place of business located in Orange, Seminole or Osceola County. Companies qualified through the use of reciprocity may only be used when they have been previously approved by the MBE Coordinator and only if the Contractor has been unable to find a certified or recognized company to perform the subcontracted portion of the Contract using the criteria and requirements listed in the Good Faith requirements.
     
  • The Contractor agrees that at least 18% of the total dollar value of the contract on which the Contractor is bidding shall be subcontracted to Minority Business Enterprises; at least 6% of the total dollar value of the Contract on which the Contractor is bidding shall be subcontracted to Women-Owned Business Enterprises, unless these goals have been adjusted downward by the MBE Coordinator pursuant to Section 57©16. Such adjustments, if applicable, will be documented to you in the form of an addendum, otherwise the goals are as herein stated. At least 18% of the Contractor's work force shall be minorities; and at least 6% of the Contractor's work force shall be female or, if such levels are not achieved, the Contractor agrees to provide firm evidence of a good faith effort to meet the required percentage.
     
  • For the purpose of this program, the term "subcontract" includes all construction, modification, equipment rental, material men, and service work, contracted for by the Contractor in the execution of the work under this Contract. Notwithstanding the fact that a Contractor may have the capability to complete the total project with its own work force and without the use of subcontractors, each Contractor will still be required to take positive efforts to subcontract to minority and women-owned firms a share of the work consistent with the goals or obtain a waiver of such requirement from the CITY MBE Coordinator.
     
  • The Contractor should only use those minority or women-owned companies listed by or confirmed in writing through the MBE Office in order to receive full credit. The successful Contractor shall cooperate with the CITY and the MBE Coordinator in studies and surveys of the Contractor's minority and women-owned business and minority and women employment procedures and practices.
     
  • The successful Contractor shall maintain records showing (a) awards to minority and women-owned businesses: (b) specific efforts to identify and award subcontracts to minority and women-owned businesses, (c) minority and women employment, (d) specific efforts to identify and employ qualified minorities and females.
     
  • The successful Contractor shall submit periodic reports of subcontracting to known minority and women-owned businesses in such form and manner and at such time as the CITY or the MBE Coordinator may prescribe.
     
  • Monthly status reports shall be provided to the MBE Coordinator at the request of the MBE/WBE Office.
     
  • The MBE Office shall have the right to review and audit records, receipts and documents maintained by the Contractor, upon reasonable notice.

Part II. Specific Good Faith Efforts

The Contractor will be deemed in compliance with the City of Orlando Minority and Women-Owned Business Enterprise Ordinance if it meets or exceeds the goals stated in Part I in its subcontracts, agreements and employment levels.

If the Contractor has not met either or both of the MBE/WBE goals, in subcontracting or employment levels, as established in this document, sufficient information to demonstrate that the Contractor has made good faith efforts to meet the goals shall be submitted by the Contractor.

Contractors who fail to achieve their commitments to the goals for minority and women-owned subcontracting participation must demonstrate their good faith efforts by documentation, which includes at least the following:

  • Whether the Contractor, in the case of subcontract goals, at least ten (10) business days prior to the bid opening, provided written notice by certified mail, return receipt request, or hand delivery, with receipt, to all certified or recognized MBE's and WBE's which perform the type of work which the Contractor intends to subcontract, advising the MBE's and WBE's:  (a) of specific work the Contractor intends to subcontract¸ (b). that their interest in the Contract is being solicited; and (c) how to obtain information about review and inspect the Contract plans and specifications.
     
  • Whether the Contractor selected economically feasible portions of the work to be performed by MBE's or WBE's including where appropriate, breaking down Contracts or combining elements of work into economically feasible units. The ability of a Contractor to perform the work with its own work force will not in itself excuse a Contractor's failure to meet Contract goals.
     
  • Whether the Contractor provided interested MBE's or WBE's assistance in reviewing the Contract plans and specifications.
     
  • Whether the MBE or WBE goal was met by other bidders.
    ·  Whether the Contractor submits all quotations received from MBE's and WBE's, and for those quotations not accepted, an explanation of why the MBE or WBE will not be used during the course of the Contract. Receipt of a lower quotation from a non-MBE/WBE prior to or at the time of bid opening will not in itself excuse a Contractor's failure to meet Contract goals; provided, however, a Contractor's good faith efforts obligation does not require a Contractor to accept a quotation from a MBE/WBE which is an unreasonable price. For the purpose of this subsection an "unreasonable" price is a price above competitive levels, which cannot be attributed to the MBE/WBE's attempt to cover costs inflated by the present effect of disadvantage or discrimination.
  • Whether the Contractor elected to subcontract types of work that match the capabilities of solicited MBE/WBE's.
     
  • Whether the Contractor's efforts were merely pro-forma and given all relevant circumstances, could not reasonably be expected to produce sufficient MBE/WBE participation to meet the goals.
     
  • Whether the Contractor has on other contracts within the past six (6) months utilized MBE/WBE's.
     
  • Whether the Contractor has provided a list of all MBE/WBE's with whom they negotiated.
     
  • Contractors who assert a lack of good faith bargaining on the part of MBE/WBE's must notify the MBE Coordinator prior to the bid opening in order to raise such an issue as a defense for non-compliance.
     
  • A Contractor who fails to timely acquire the bid package/documents or fails to attend pre-bid conferences, or other available meetings shall not be allowed to claim such issues as a defense for lack of knowledge or inability to timely perform the requirements of the MBE/WBE goals.
     
  • Whether the Contractor included at the time of bid opening a list of the Contractor's proposed subcontractors, on the Letter of Intent form (see Attachment 1), signed by the Contractor and containing the number of Contract dollars to be awarded to each proposed MBE/WBE subcontractor. A final executed copy of the Letter of Intent, with the MBE/WBE's signature(s), must be provided to the MBE Coordinator no later than two (2) business days after the bid opening.

If a Contractor fails to meet the goals as established in this document, the Contractor must provide the previously listed "good faith" information (including the Letter of Intent) at the time that the bids are opened; if the Contractor meets the goals as listed, he must submit a Letter of Intent, signed by an authorized agent of the Contractor, at the time of the bid opening (see paragraph 12 of Part II for further information).

If a Contractor fails to meet the goals as listed herein but has substantially complied with good faith as contained in Part II above, the MBE Coordinator may, at the request of the Contractor, provide an extension of no more than five (5) business days. At the end of that period the MBE Coordinator shall once again review the Contractor's efforts to subcontract with MBE/WBE's to ensure that the Contractor has made a good faith effort to comply.

While no Contractor shall be found to be in non-compliance solely on account of failure to meet the MBE/WBE goals, Contractors which fail to achieve the goals and fail to make good faith efforts to achieve the goals may have their bids rejected as non-responsive, have bid award rescinded or may have other penalties imposed pursuant to Chapter 57. The MBE Coordinator will review the documentation presented by the Contractor for compliance with this document and Chapter 57. MBE/WBE subcontractors listed by the Contractor in the Letter of Intent cannot be changed by the Contractor without the prior written approval of the MBE Coordinator.

Contractors who fail to achieve their commitments to the goals for minority and women employment must demonstrate their good faith efforts by documentation, which includes at least the following:

  • Whether the Contractor has attempted to recruit minority or women employees through the use of the media, local hiring pools or other recruitment methods;

  • Whether the Contractor has initiated training programs to encourage the use of minority or women employees;

  •  Whether the Contractor has made use of any local agencies which promote the placement of minority or women employees;

  • Whether the Contractor recruited for positions for which there are qualified minority or women applicants;

  • Whether the Contractor offered salaries, which are comparable with standard local industry practices.
     

If the Contractor is unable to meet the employment goals, has properly documented good faith effort, and the MBE Coordinator determines that the deficiency(ies) are correctable, the MBE Coordinator shall inform the Contractor as to what actions must be taken to correct the deficiency. The MBE Coordinator will review the documentation presented by the Contractor for compliance with this document and Chapter 57.

While no Contractor shall be found to be in non-compliance solely on account of failure to meet the MBE/WBE goals, Contractors which fail to achieve the goals and fail to make good faith efforts to achieve the goals may have penalties imposed pursuant to Chapter 57.
If there is any deviation from the MBE Utilization proposal as noted in the Contractor's submission, such deviation must be justified to the City. All deviations, whether before or after contract award and/or whether before or after commencement of work on the project, shall be reported to and approved by the MBE Coordinator. Failure to report deviations must be considered an inaccuracy or falsification and may result in a finding that the Contractor is non-responsive and the bid may be rejected or the Contract terminated for that reason.
Contractors are required to execute and submit to the MBE Compliance Officer, copies of all ordinance-related sub-agreements within seven (7) days after Contract award, and from time to time, advise the Compliance Officer of the status of its compliance with appropriate requirements.

If it is determined by the Compliance Officer that a Contractor with the CITY for construction services at any time during the said term of Contract failed to maintain the minority and women employment levels and minority and women-owned business enterprise percentages established pursuant to City Code and set forth herein and also failed to show a good faith effort to maintain said levels and percentages, the Compliance Officer shall document the non-compliance and shall attempt to resolve the discrepancy with the Contractor's assistance. If the Contractor fails to correct the violation, the City may then impose appropriate penalties.