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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.
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