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HomeMy WebLinkAboutinvitation to bid contDEFINITIONS The definitions in this section apply only to these Participation Provisions, hereinafter referred to as "Provisions". These Provisions shall apply to every bid, request for proposals and contract to which a contract measure is applied. The phrase "BBE, and/or HBE, and/or WBE, as appropriate," means to apply the contract measures to this contract as indicated on the cover sheet. Only the contract measures and programs indicated on the cover sheet apply. For example: If the cover sheet indicates a 10% subcontractor goal for BBEs and a 20% subcontractor goal for WBEs, and no subcontractor goal for HBEs, then only BBE and WBE subcontractor goals would apply to this bid. NOTE: THESE PROVISIONS ARE IN ADDITION TO FEDERAL REQUIREMENTS GOVERNING DISADVANTAGED BUSINESS ENTERPRISES. 1. "Approval Letter" means a document issued by DBD at the request of a BBE, and/or HBE, and/or WBE, as appropriate, or bidder that, based on the written representations of the BBE, and/or HBE, and/or WBE, as appropriate, or bidder, finds a specified activity or scope of work consistent with normal industry practice. 2. "Available" or "Availability" means to have, prior to bid submission, the ability to provide goods or services under a contract, by having: reasonably estimated, uncommitted capacity; all necessary Licenses, permits, registrations and certifications; the ability to obtain bonding that is reasonably required consistent with normal industry practice; and the ability to otherwise meet bid specifications. 3, "Bid" means a quotation, proposal, letter of interest or offer by any bidder in response to any kind of invitation, request or public announcement to submit a quotation, proposal, letter of interest or offer for a contract. 4. "Bidder" means any person, partnership, corporation or other business entity that submits a bid. 5. "Bid Preference" means an amount deducted from the total bid price in order to calculate the bid price to be used to evaluate the bid. 6. "Bid Price" means the amount of the bid in accordance with the method of award outlined in the bid document, where the award is based on price per item, price in the aggregate, price by group, price by zone, combination of award methods, or any other method defined within the bid document under review. 7. "Black" means a person who is a citizen or lawful resident of the United States and who has origins in any of the Black racial groups of Africa. 8. "Black Business Enterprise" or "BBE" means a firm that is owned and controlled by one or more Black individuals, has an actual place of business in Miami -Dade 1 County, and is certified in accordance with Ordinance 94-96, and Administrative Order 3-3. 9. "BBE Selection Factor" means an element specified in bid documents that designates as one criteria for choosing among bids that the bidder is a non-BBE that demonstrates significant utilization of BBEs in accordance with Ordinance 94-96, is a BBE, or is a joint venture owned and controlled by a BBE. "HBE Selection Factor" means an element specified in bid documents that designates as one criteria for choosing among bids that the bidder is a non-HBE that demonstrates significant utilization of HBEs in accordance with Ordinance 94-95, is a HBE, or is a joint venture owned and controlled by a HBE. "WBE Selection Factor" means an element specified in bid documents that designates as one criteria for choosing among bids that the bidder is a non-WBE that demonstrates significant utilization of WBEs in accordance with Ordinance 94-94, is a WBE, or is a joint venture owned and controlled by a WBE. 10. "Board" means the Miami -Dade County Board of County Commissioners, Miami -Dade County, Florida. 11. "Broker" means an individual or business that acts as a contact for the purchase of goods or services from a supplier and transfers funds to a non-BBE, and/or non-HBE, and/or non-WBE, as appropriate, in a manner that does not add economic value to the purchase, except where such conduct is normal industry practice. 12. "Certification List" means a list maintained by the Department of Business Development that contains the names, addresses, and certification expiration date, of certified BBEs, and/or HBEs, and/or WBEs, as appropriate, sorted by trade, service, and/or commodity. 13. "Commercially Useful Function" means contractual responsibility for the execution of a distinct element of the work of a contract by a business enterprise and the carrying out of its contractual responsibilities by actually performing, managing, and supervising the work involved other than acting as a broker. The determination of whether an activity is a commercially useful function shall include the evaluation of the amount of work subcontracted, normal industry practices, the skills, qualifications, or expertise of the enterprise to perform the work, whether the business owner himself or herself performs, manages, and/or supervises the work involved, and other relevant factors. 14. "Compliance Monitor" means the Director of the Department of Business Development or his or her designee assigned to review compliance pursuant to Ordinances 94-96, 94-95, 94-94 and the Administrative Orders 3-3, 3-17, and 3-18, 2 15. "Contract" means an agreement proposed by County staff, or approved by the County Commission in any of the following classes: i. procurement of goods and services not included in the class below; ii. professional services including but not limited to accounting, legal, health care, consulting and management services; iii. contract does not mean an agreement to purchase, lease, or rent real property; grant leases, permits, or franchises; operate concession; or make grants. 16. "Contract Measure" means a set -aside, or a subcontract goal, or a project goal, or a bid preference, or a selection factor, singly or in any combination. 17. "Contracting Officer" means the person assigned under a contract, usually a Department Director or his or her designee, who has primary responsibility to monitor the contract and enforce contract requirements. 18. "County" means Miami -Dade County, Florida, a political subdivision of the State of Florida. 19. "Debar" means to exclude a vendor, its individual officers, its shareholders with significant interests, or its affiliated businesses from county contracting and subcontracting for a specified period of time, not to exceed five (5) years. 20. "DBD" means the Miami -Dade County Department of Business Development. 21. "Goods" means any tangible product, material or supply that is not a service. 22. "Hispanic" means a person who is a citizen or lawful resident of the United States who has origins in Cuba, Mexico, Puerto Rico, Central or South America or other Spanish or Portuguese culture regardless of race. 23. "Hispanic Business Enterprise" or "HBE" means a business that is owned and controlled by one or more Hispanic individuals; has its principal place of business in Miami -Dade County; and is certified in accordance with Ordinance 94-95 and Administrative Order 3-17. 24. "Joint Venture" means an association of two or more persons, partnerships, corporations, other business entities or any combination of the above, at least one of which is a BBE, and/or HBE, and/or WBE, as appropriate, certified in accordance with the relevant ordinance, that is lawfully established to carry on a single business activity that is limited in scope and duration. 25. "Joint Venture Agreement" means a document submitted to DBD by a joint venture that provides information regarding the nature of the joint venture. 3 26. "Letter of Intent" means a letter signed by a subcontracting BBE, and/or HBE, and/or WBE, as appropriate, detailing the scope and dollar value of the work to be performed by the BBE, and/or HBE, and/or WBE, as appropriate, for the successful bidder on a contract with subcontractor goals. 27. "MDC" means Miami -Dade County, Florida. 28. "Owned and Controlled" means a business that is at least fifty one (51) percent owned by one or more Blacks, Hispanics or women, as appropriate, or in the case of a publicly owned business, at least fifty one (51) percent of the stock of which is owned by one or more Blacks, Hispanics or women, as appropriate, and whose management and daily business operations are controlled by one or more such individuals. The determination of whether an owner has demonstrated such control shall include an evaluation of the following: the owner's experience in the industry in which certification is sought; the owner's independence in making business policy and day- to-day operational decisions; the owner's technical competency or knowledge of technical requirements in the industry in which certification is sought; and other relevant factors. 29. "DPM" means the Department of Procurement Management. 30. "Principal Place of Business" means the location at which the business records of the applicant concern are maintained and the location at which the individual who manages the day-to-day operations spends the majority of his or her working hours. 31. "Project Goal" means that a proportion of a total contract value stated as a percentage to be awarded to BBEs, and/or HBEs, and/or WBEs, as appropriate, in contracts that create a pool of qualified vendors from which the County selects pool members to perform the work of the contract. 32. "Review Committee" or "RC" means the committee established by the County Manager to review proposed projects for the application of contract measures. 33. "Schedule of Participation" means a form contained in the bid documents of a contract with goals on which bidders list at the time of bid submission all BBEs, and/or HBEs, and/or WBEs, as appropriate, to be used to meet the goal, the scope of work each will perform, including the goods or services to be provided, and the dollar value of such work. 34. "Services" mean , maintenance, alteration, or repair of a public improvement and any performance of work offered for public or private consumption that does not consist primarily of goods. 35. "Set -Aside" means the designation of a given contract for competition solely among BBEs, and/or HBEs, and/or WBEs, as appropriate. 4 36. "Set -Aside List of Subcontractors" means a form contained in the bid documents of set -aside contracts for services identifying the work the bidder will perform with his own forces and, listing at time of bid submission, all subcontractors, the scope of work each will perform, including the services each will provide, and the dollar value of such work. 37. "Significant Utilization" means purchases of goods or services from BBEs, and/or HBEs, and/or WBEs, as appropriate, by a bidder in the preceding twenty-four (24) months that: were not required under governmental contract measures or Minority Business Enterprise Program; and were not a nominal amount relative to the bidder's purchases of goods and services in Miami -Dade County, the bidder's overall purchases of goods and services, and the availability of BBEs, and/or HBEs, and/or WBEs, as appropriate; and were pursuant to the bidder's systematic efforts to eliminate discrimination against BBEs, and/or HBEs, and/or WBEs, as appropriate, in its purchases of goods and services in Miami -Dade County. 38. "Subcontractor Goal" means a proportion of a total contract value stated as a percentage to be subcontracted to a BBE, and/or HBE, and/or WBE, as appropriate, to perform a commercially useful function. 39. "Successful Bidder" means the bidder to which the contract is awarded. 40. "Unavailability Certificate" means a document signed by a BBE, and/or HBE, and/or WBE, as appropriate, stating that the BBE, and/or HBE, and/or WBE, as appropriate, is not available to participate on a specific project at a specific time. 41. "Utilization Report" means a report completed by the successful bidder on a contract with goals and submitted monthly listing all work performed in the past month by the BBEs, and/or HBEs, and/or WBEs, as appropriate, identified on the Schedule of Participation and all expenditures made in the last month to the identified BBEs, and/or, HBEs, and/or WBEs, as appropriate. 42. "Voidable" means capable of being annulled. 43. "Women" means persons of the female gender, regardless of race or ethnicity. 44. "Women Business Enterprise" or "WBE" means a business that is owned and controlled by one or more women, has its principal place of business in Miami -Dade County; and is certified in accordance with Ordinance 94-94 and Administrative Order 3-18. 45. "Work" means the provision of goods or services ' . 5 B. GENERAL INFORMATION 1. The bidder shall fully comply with these Provisions which implement Miami -Dade County Ordinances 94-94, 94-95, and 94-96 and Administrative Orders 3-3, 3- 17 and 3-18, respectively. 2. Five individual contract measures are possible under the Black Business Enterprise Program (Ordinance 94-96 and Administrative Order 3-3), the Hispanic Business Enterprise Program (Ordinance 94-95 and Administrative Order 3-17) and the Women Business Enterprise Program (Ordinance 94-94 and Administrative Order 3-18): set -asides, subcontractor goals, project goals, bid preferences, and BBE, and/or HBE, and/or WBE, selection factors. While neither a bid preference nor a BBE, and/or HBE, and/or WBE, selection factor may be applied to a set -aside contract, contract measures may otherwise be used in combination with each other. For instance a set -aside contract for WBEs may also contain subcontractor goals for BBEs and HBEs. The contract measure(s) applicable to this contract is indicated on the cover sheet of these Provisions. MDC shall not award a contract to any bidder which it determines fails to comply with the applicable requirements of these Provisions. 3. In order to participate as a BBE, and/or HBE, and/or WBE, as appropriate, on this contract, a BBE, and/or HBE, and/or WBE, as appropriate, must have a valid certification at the time of bid submittal, bid award, and throughout the duration of the contract in which the BBE, and/or HBE, and/or WBE, as appropriate, participates as a BBE, and/or HBE, and/or WBE. 4. MDC shall monitor the compliance of the successful Bidder with the requirements of these Provisions during the course of the work to be performed under the contract. 5. Forms necessary for submittal of information pertaining to these Provisions are included in the appendix. Additional copies may be obtained by contacting the Compliance Monitor (DBD) at: Miami -Dade County Department of Business Development (DBD) at 175 N.W. 1st Avenue, 28th Floor, Miami, Florida 33128 or by telephone at (305) 349-5960, facsimile (305) 349-5915. C. CERTIFICATION 1. Attached as an example is a Certification List with a specified date. Certification Lists are updated and issued every two weeks. Bidders shall use the most recent Certification List available prior to bid opening. Certification lists may be obtained by contacting DBD at telephone number (305) 349-5960 during normal business hours or online at www.co.miami-dade.fl.us/dbd. 2. The firms on the Certification List will be identified by trade, commodity or service area. A BBE, and/or HBE, and/or WBE, as appropriate, must be certified in a trade, commodity, or service area in order to be eligible to participate as a BBE, and/or 6 HBE, and/or WBE, as appropriate, on contracts in such trade, commodity or service area. In addition, vendors in order to be eligible to participate as a BBE, and/or HBE, and/or WBE subcontractor, as appropriate, must be certified in the trade, commodity or service area in which they are to perform work as a BBE, and/or HBE, and/or WBE subcontractor, as appropriate. 3. In order to participate as a BBE, and/or HBE, and/or WBE, as appropriate, on this contract, a BBE, and/or HBE, and/or WBE, as appropriate, must have a valid certification at the time of bid submittal, bid award, and throughout the duration of the contract in which the BBE, and/or HBE, and/or WBE, as appropriate, participates as a BBE, and/or HBE, and/or WBE. 4. Joint Ventures. Only joint ventures approved by DBD in accordance with Administrative Orders 3-3, 3-17, and/or 3-18, as appropriate, are eligible to participate as joint ventures in the Program. Joint ventures must be lawfully established. The Black, Hispanic and/or woman member of the joint venture must be certified as a BBE, and/or HBE, and/or WBE, as appropriate, before the joint venture can be approved. D. CONTRACT MEASURES 1. Set -Asides a. Contracts that are set -aside and do not have subcontractor goals are for bidding solely among BBEs, and/or HBEs, and/or WBEs, as appropriate. A BBE, and/or HBE, and/or WBE, as appropriate, awarded a set -aside contract shall not transfer to a non-BBE, and/or non-HBE, and/or non-WBE, as appropriate, through subcontracting or otherwise, any part of the actual work of the contract unless these bid documents expressly and specifically require and/or permit such transfer as consistent with normal industry practice, or the BBE, and/or HBE, and/or WBE, as appropriate, requests and receives prior to bid award an approval letter from DBD. b. Set -aside contracts with subcontractor goals require that subcontractor goals be met in areas specified in the Schedule of Participation. In areas not being used to meet a subcontractor goal the work is to be performed by the BBE, and/or HBE, and/or WBE for which the contract was set -aside. For example: a BBE set -aside with a 20% WBE subcontractor goal requires 20% of the work be performed by a WBE and the remaining work be performed by BBEs. c. A BBE and/or HBE and/or WBE, as appropriate, that performs the work of the set -aside contract with its own forces may count such work towards reducing the BBE and/or HBE and/or WBE set -aside by one -hundred (100) percent. 7 d. Bidders on set -asides that cannot demonstrate their compliance with the requirements of the preceding paragraphs (D.)(1.)(a.) and (b.) shall be found to be in non-compliance with these Provisions. e. Bidders on set -asides, to be eligible for award, shall submit upon request of the Compliance Monitor, a "Set -Aside List of Subcontractors" (Form No. DBD 104). Failure to submit the List and any relevant information the Compliance Monitor may request, with-ra eet to he bi,dder'n submitted list shall constitute non-compliance with these Provisions. f. The following shall constitute non-compliance with these Provisions: i. Submission of a Set -Aside List of Subcontractors that the bidder knew or should have known is incomplete or inaccurate; or ii. Deviation from the list without the written approval of the Compliance Monitor. 2. Subcontractor Goals a. The purpose of a Subcontractor Goal is to have portions of the work under the contract performed by available BBEs, and/or HBEs, and/or WBEs, as appropriate b. In contracts with subcontractor or projects goals for BBEs, and/or HBEs, and/or WBEs, as appropriate, a Black and/or Hispanic and/or Woman Business Enterprise certified in more than one category shall be counted toward meeting the goal for one category only. The prime bidder shall declare at bid submission toward which subcontractor goal a business enterprise certified in more than one category shall count. c. After a bid is advertised with a subcontractor or project goal, it may be reduced only with the approval of the County Commission, or if the contract is to be executed by the Public Health Trust, by that body. d. A bidder challenging or protesting the subcontractor or project goal must submit to the office or person to whom the bid is submitted, no later than the time of bid submission, written reasons for such challenge or protest. Challenges or protests to a BBE, and/or HBE, and/or WBE, as appropriate, subcontractor goal by bidders after the time of bid submission, or challenges based on reasons not previously provided in writing prior to bid submission, shall not be heard by the County Commission. e. The Project Worksheet for establishing the stated subcontractor goal is included in the appendix of these Provisions. 8 f. Bidder Responsibilities for Subcontractor Goals: Bidders must submit a completed Schedule of Participation (Form No. DBD 101) at the time of bid submission. The Schedule of Participation constitutes a written representation by the bidder that to the best of the bidders' knowledge the BBEs, and/or HBEs, and/or WBEs, as appropriate, listed are available and have agreed to perform as specified, or that the Bidder will demonstrate unavailability. The Schedule of Participation is a commitment by the bidder that if awarded the contract, it will enter into subcontracts with the identified BBEs, and/or HBEs, and/or WBEs, as appropriate, for the scope of work at the price percentage set forth in the Schedule of Participation. ii. Bidders that are BBEs, and/or HBEs, and/or WBEs, as appropriate, and bidders that are joint ventures that are owned and controlled by one or more BBEs, and/or HBEs, and/or WBEs, as appropriate, may use their own forces to meet up to 50% of a specified goal. iii. Bidders who fail to submit the Schedule of Participation shall be considered non -responsive. Bids that contain a defective Schedule of Participation are voidable. Examples of defects include but are not limited to: incomplete Schedules; the listing of an unidentifiable BBE, and/or HBE, and/or WBE, as appropriate, and percentage miscalculations that are not mere clerical errors apparent on the face of the Schedule. iv. Expenditures to subcontracting BBEs, and/or HBEs, and/or WBEs, as appropriate, shall be counted toward meeting specified goals as follows: (1) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs, and/or WBEs, as appropriate, that perform a commercially useful function in the supply of goods or services required for fulfillment of the contract; (2) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs, and/or WBEs, as appropriate, that subcontract work further to non-BBEs, and/or non-HBEs, and/or non-WBEs, as appropriate, only if bid documents expressly and specifically permit such subcontracting as consistent with normal industry practice, or the bidder or BBEs, and/or HBEs, and/or WBEs, as appropriate, requests and receives prior to bid award an approval letter from DBD. (3) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs, and/or WBEs, as appropriate, who are gene,,.' ontractors vendors, working as subcontractors, that perform actual work with their own forces; (4) None of the expenditures to BBEs, and/or HBEs, and/or WBEs, as appropriate, that acts essentially as a conduit to transfer funds to a non-BBE, and/or non-HBE, and/or non-WBE, as appropriate, unless bid documents expressly and specifically permit such transfers as consistent with normal industry practice or the bidder or BBE, and/or HBE, and/or WBE, as appropriate, requests and receives prior to bid award an approval letter. v. Bidders agree to take all necessary and reasonable steps in accordance with these Provisions to ensure that BBEs, and/or HBEs, and/or WBEs, as appropriate, have the maximum opportunity to compete for and perform this contract. Bidders shall select portions of the work to be performed by BBEs, and/or HBEs, and/or WBEs, as appropriate, so as to increase the likelihood of meeting the subcontractor goal including, where appropriate, breaking down contracts into economically feasible units to facilitate BBE, and/or HBE, and/or WBE, as appropriate, participation. vi. Bidders must submit Letters of Intent (Form No. DBD 102) to the person or office to whom the bid was submitted by 4:00 p.m. on the second business day following bid opening. Defective Letters of Intent are voidable. Examples of defects include but are not limited to improperly executed letters, the listing of an unidentifiable BBE, and/or HBE, and/or WBE, as appropriate, and percentage miscalculations that are not mere clerical errors apparent on the face of the Letter of Intent. Expenditures to BBEs, and/or HBEs, and/or WBEs, as appropriate, on a Schedule of Participation that are not confirmed by a Letter of Intent shall not count toward the goal. vii. Bidders whose bid do not meet the specified goal, in order to remain eligible, must submit to the person or office to whom the bid was submitted by 4:00 p.m. on the second business day following bid submission evidence proving the lack of available BBEs, and/or HBEs, and/or WBEs, as appropriate, to afford effective competition to provide the goods or services to meet the subcontractor goal. To prove lack of availability, bidders must submit the following: (1) Unavailability Certificates (Form No. DBD 103) either completed and signed by the BBEs, and/or HBEs, and/or WBEs, as appropriate, or completed and signed by the bidder explaining the contacts with the BBEs, and/or HBEs, and/or WBEs, as appropriate, statements or actions of the BBEs, and/or HBEs, and/or WBEs, as appropriate, showing unavailability, and the reason(s) why the BBEs, and/or HBEs, and/or WBEs, as appropriate, signature could not be obtained; and (2) A listing of any bids received from BBEs, and/or HBEs, and/or WBEs, as appropriate, the scope of work and price of each bid, and the bidder's reasons for rejecting each bid; and (3) A statement of the bidder's contacts with DBD for assistance in determining available BBEs, and/or HBEs, and/or WBEs, as appropriate; and (4) A statement showing compliance with paragraph D. 2. d.; and (5) A complete description of the bidder's process for soliciting and evaluating bids from BBEs, and/or HBEs, and/or WBEs, as appropriate, (6) Bidders may establish a BBE, and/or HBE, and/or WBE, as appropriate, as unavailable if the bidder provides evidence proving the BBEs, and/or HBEs, and/or WBEs, as appropriate, bid is not reasonably competitive with comparable bids of non-BBEs, and/or non-HBEs, and/or non-WBEs, as appropriate, for the same scope of work. (7) Evidence of lack of availability may address only the period prior to bid submission. viii. The bidder shall either meet the subcontractor goal or demonstrate lack of availability as a condition of being awarded this Contract 3. Bid Preference a. Eligibility. Bidders claiming a bid preference shall complete and submit with their bid a claim of bid preference. The Compliance Monitor shall determine whether the bidder qualifies for the bid preference for the specified contract. In the event that a bidder qualifies for a bid preference in more than one category for the specified contract, the bidder shall be awarded the largest preference. Only one preference shall be awarded per bidder per contract. Bid preferences shall be given to: i. Bidders that are BBEs, and/or HBEs, and/or WBEs, as appropriate; ii. Bidders that demonstrate significant utilization; iii. Bidders that are joint ventures approved under Section III of Administrative Orders 3-3 and/or 3-17 and/or 3-18, as appropriate. 11 b. The bid price will depend on the method of award. Examples of award methods include, but are not limited to, price per item, per group or in the aggregate. c. Bid preferences may only be applied to contracts where the estimated aggregate contract value exceeds $25,000. d. Preference Level. Bid documents for contracts with bid preferences shall state the following bid preferences which will be given to qualified bidders as appropriate: Bid Price BBEs HBEs WBEs Significant Utilization of BBE, HBEs, WBEs Joint Ventures BBEs=>51% HBEs=>51% WBEs=>51% Joint Ventures BBEs=<51% HBEs=<51% WBEs=<51% >0 <75,000 10.0% 7.50% 5.0% 3.75% 75,000 <125,000 5.0% 3.75% 2.50% 1.25% 125,000 <250,000 4.0% 3.00% 2.00% 1.00% 250,000 <500,000 3.0% 2.25% 1.50% 0.75% 500,000 <1,000,000 2.0% 1.50% 1.00% 0.50% 1,000,000 <2,000,000 1.0% 0.75% 0.50% 0.25% On contracts greater than two million dollars ($2,000,000), the bid preference shall only be calculated for the first two million dollars of the bid price. The bid preference shall be calculated and subtracted from the total bid price. This difference shall be used in evaluating the bid. The bid preference is used only to calculate an amount to be used in evaluating the bid and does not affect the contract price. e. Demonstrating Significant Utilization i. DBD shall prepare and make available on a monthly basis a list of BBEs, HBEs and WBEs that have valid certifications during the prior twenty- four (24) months. ii. Bidders claiming a bid preference based on significant utilization shall demonstrate such significant utilization by submitting evidence including but not limited to the following: (1) Bidder's total purchases of goods and services in the prior twenty- four months. (2) Bidder's total purchases of goods and services in Miami -Dade County in the prior twenty-four months. 12 (3) Bidder's total purchases from BBEs, and/or HBEs, and/or WBEs, as appropriate, in the prior twenty-four months, identifying each BBE, and/or HBE, and/or WBE, as appropriate. (4) Bidder's total purchases from BBEs, and/or HBEs, and/or WBEs, as appropriate in the prior twenty-four months, identifying each BBE, and/or HBE, and/or WBE, as appropriate that was not pursuant to any governmental contract or Minority Business Enterprise Program requirement with which the bidder complied. (5) Data showing lack of availability of BBEs, and/or HBEs, and/or WBEs, as appropriate. (6) A description of the bidder's systematic efforts to eliminate discrimination against BBEs, and/or HBEs, and/or WBEs, as appropriate, in its purchasing operations. iii. Based on its review of the evidence, DBD shall issue a letter stating the bidder has demonstrated significant utilization or the reasons why the bidder has failed to demonstrate significant utilization. 4. BBE, HBE and WBE Selection Factor 1. In bids that assign weights to evaluation or selection criteria, bid documents shall assign a weight of ten percent (10%) to the BBE, and/or HBE, and/or WBE selection factor, as appropriate. In bids that do not assign weights to evaluation or selection criteria, bid documents shall provide that among bidders evaluated to be otherwise substantially equal, the BBE, and/or HBE, and/or WBE selection factor, as appropriate, shall be the deciding factor for award of the bid. 2. A BBE, and/or HBE, and/or WBE selection factor may be applied to any request for proposals or similar invitations to bid that are not set -aside. E. PRE -AWARD COMPLIANCE 1. Investigatory Meeting by Compliance Monitor a. The Compliance Monitor shall review for compliance with these Provisions every contract to which a contract measure has been applied. If the Compliance Monitor has concerns regarding compliance with these Provisions, the Bidder shall upon at least three (3) days notice meet with the Compliance Monitor. The purpose of this investigatory meeting shall be for the Compliance Monitor to consider whether to recommend the Bidder's bid be determined to be in compliance or non-compliance with the requirements of these Provisions. The Compliance Monitor may consider relevant information 13 from any person in making this decision. At the investigatory meeting the Bidder shall have an opportunity to present information and arguments pertinent to his compliance with the applicable requirements. The Compliance Monitor may require the Bidder to produce such information as the Compliance Monitor deems appropriate and may obtain whatever other and further information from whatever sources the Compliance Monitor deems appropriate. b. No later than fifteen (15) business days after this investigatory meeting with the Bidder, the Compliance Monitor shall make a written recommendation to the Contracting Officer which shall include a statement of the facts and reasons upon which it is based. This recommendation shall also be forwarded to the Bidder. 2. Determination by MDC. Following receipt of a recommendation of non-compliance from the Compliance Monitor, the Contracting Officer shall notify the Bidder of an informal hearing regarding the bidder's compliance with these Provisions. Such notice shall indicate the date, time and place at which the Bidder will have an opportunity to present pertinent arguments and information to the Contracting Officer relating to the recommendation of non-compliance by the Compliance Monitor. The Bidder shall supply such further relevant information as required by the Contracting Officer. 3. The Contracting Officer in conjunction with the Compliance Monitor may also conduct informal hearings, to which the Bidder shall be invited, in which other parties invited by the Contracting Officer may offer information relevant to the issue of the Bidder's non-compliance. 4. The Contracting Officer shall in writing determine whether the bid of such Bidder complies with the requirements of these Provisions and whether to recommend to the County Manager that the Contract be awarded to the Bidder. A copy of such recommendation shall be sent to the Bidder. Such recommendation shall not affect the power of the Board of County Commissioners to reject the Bidder's bid for any other reason or to take such action on the recommendation of the Contracting Officer as the Board deems appropriate. 5. Consideration of Other Bids. If the Contracting Officer or Compliance Monitor deems it advisable in the interest of expediting the award of the contract, the procedures set forth in this subsection may be carried out with respect to the bids of one or more additional Bidders at the same or different time with each such proceeding to be separately conducted. 6. Failure of Bidder to Participate. The Bidder will be bound by the proceedings under this subsection to which they have been given required notice without regard to their participation or lack of participation. A lack of participation upon receiving notices 14 and requests pursuant to these Provisions shall not be grounds for reconsideration of any action in the proceedings. 7. MDC shall not award this contract to any Bidder which it determines fails to comply with the applicable requirements of these Provisions. Nothing herein shall relieve any Bidder from any of the terms, conditions or requirements of the contract or modify MDC's rights as reserved in the Contract document. F. PROMPT PAYMENT 1. It is the County's intent that BBEs and/or HBEs and/or WBEs providing goods or services to the County shall receive payments promptly in order to maintain sufficient cash flow. 2. The successful bidder on a contract with goals shall promptly review billings from BBEs, and/or HBEs, and/or WBEs, as appropriate, listed on the Schedule of Participation. On those amounts not in dispute, the successful bidder must make payment within thirty (30) days of its receipt of billing. G. POST -AWARD COMPLIANCE AND MONITORING 1. Approval of Subcontracts. The Successful Bidder shall submit to the Contract Officer, for approval, subcontracts corresponding in all respects to the proposed agreements listed on the Successful Bidder's Schedule of Participation or Set -Aside List of Subcontractors, unless a deviation is approved under paragraph G.4. below. The Successful bidder shall enter into each subcontract and shall thereafter neither terminate any such subcontract nor reduce the scope of the work to be performed by or decrease the price to be paid to the BBEs, and/or HBEs, and/or WBEs, as appropriate, thereunder without in each instance the prior written approval of the Compliance Monitor. The Contracting Officer shall not give a final written determination without a recommendation from the Compliance Monitor. 2. Access to Records. Successful bidders and BBEs,and/or HBEs, and/or WBEs, as appropriate, shall permit the County to have access during normal business hours to books and records relating to the bidder's compliance with the contract measures applied to the contract or relating to BBEiandlor HBE, and/or WBE, as appropriate, compliance with certification requirements. Such books and records include but are limited to corporate documents, charters, organizational filings, tax filings, registrations, licenses, stock registrations, partnership agreements, contracts, subcontracts, joint venture agreements, checking accounts, journals, ledgers, correspondence, and documents and records between the bidder or the BBE,and/or HBE, and/or WBE, as appropriate, and other entities. This right of access shall be granted for one year after completion of the work or full payment of contract obligations, whichever comes last, or for one year after the expiration of BBE, and/or HBE, and/or WBE, as appropriate, certification. 15 3. Monthly Reporting. The successful bidder on a project with a contract measure shall submit monthly a Utilization Report (Form No. M-200)to the Contracting Officer on or before the tenth working day following the end of the month the report covers. A standard reporting forms is included in these Provisions. Additional forms may be obtained from the Compliance Monitor. Failure to comply with the reporting requirements may result in the imposition of either or both contractual sanctions or administrative penalties by the County at its option. 4. Deviations from the Schedule of Participation or Set -Aside List of Subcontractors. a. In the event that during the performance of a contract a BBE, and/or HBE, and/or WBE, as appropriate, is not able to provide the goods or services specified on the Schedule of Participation, the successful bidder must locate a BBE, and/or HBE, and/or WBE, as appropriate, to substitute for the unavailable BBE, and/or HBE, and/or WBE, as appropriate, unless the bidder can prove lack of an available BBE, and/or HBE, and/or WBE, as appropriate, to provide the goods or services to be provided by the prior BBE, and/or HBE, and/or WBE, as appropriate. The successful bidder must receive approval from the Contracting Officer, revise the Schedule of Participation to include the substitute BBE, and/or HBE, and/or WBE, as appropriate, and obtain a Letter of Intent from the substitute BBE, and/or HBE, and/or WBE, as appropriate. A successful bidder that cannot secure a substitute BBE, and/or HBE, and/or WBE, as appropriate, must provide a written statement to the Compliance Monitor and Contracting Officer that includes a list of the names, addresses, and telephone numbers of all BBEs, and/or HBEs, and/or WBEs, as appropriate, contacted, and the date of the contact for each BBE, and/or HBE, and/or WBE, as appropriate. b. The Compliance Monitor shall be responsible for monitoring the performance of the successful bidder regarding compliance with contract measures applied to the contract. The Compliance Monitor may, at his or her discretion, investigate deviations in the utilization of BBEs, and/or HBEs, and/or WBEs, as appropriate, from that described on the Schedule of Participation or Set - Aside List of Subcontractors and make recommendations regarding compliance to the Contracting Officer. The Contracting Officer shall not make a final determination without a recommendation regarding compliance from the Compliance Monitor. Deviations from the goal stated in the contract that shall be monitored include but are not limited to: i. Termination of a BBE, and/or HBE, and/or WBE, as appropriate, subcontract; ii. Reduction in the scope of work to be performed by a BBE, and/or HBE, and/or WBE, as appropriate; 16 iii. Modifications to the terms of payment or price to be paid to BBEs, and/or HBEs, and/or WBEs, as appropriate; iv. Failure to enter into a contract with BBEs, and/or HBEs, and/or WBEs, as appropriate. c. Excuse from Entering Subcontracts. If prior to execution of a subcontract required by these Provisions, the Successful Bidder submits a written request to the Contracting Officer demonstrating to the satisfaction of the Contracting Officer that, as a result of a change in circumstances beyond his control of which he was not aware and could not reasonably have been aware until subsequent to the date of the award of the Contract, a BBE, and/or HBE, and/or WBE, as appropriate, who is to enter into such subcontract has unreasonably refused to execute the subcontract, or is not available, the Successful Bidder shall be excused from executing such subcontract. The procedures of paragraphs G.4.f and g. below apply to this paragraph. d. Termination of Subcontracts. If, after execution of a subcontract, required by these Provisions, the Successful Bidder submits a written request to the Contracting Officer and demonstrates to the satisfaction of the Contracting Officer that, as a result of a change in circumstances beyond his control of which he was not aware and could not reasonably have been aware until subsequent to the date of execution of such subcontract, a BBE, and/or HBE, and/or WBE, as appropriate, who entered into such subcontract has committed a material breach of the subcontract, the successful Bidder shall be entitled to exercise such rights as may be available to him to terminate the subcontract. The procedures of paragraphs f. and g. below apply to this paragraph. e. MDC's Determination of Bidder's Excuse or Termination. If the Successful Bidder at any time submits a written request to the Contracting Officer under the prior two paragraphs the Contracting Officer, as soon as practicable, shall determine whether the Successful Bidder had made the requisite demonstration, and shall not determine that such a demonstration has not been made without first providing the Successful Bidder, upon notice, an opportunity to present pertinent information and arguments. The procedures of paragraphs f. and g. below apply to this paragraph. f. Alternative Subcontracts. If the Successful Bidder is excused from entering into a subcontract or rightfully terminates a subcontract under these Provisions and without such subcontract the Successful Bidder will not achieve the level of BBE, and/or HBE, and/or WBE, as appropriate, participation upon which the contract was awarded, the Successful Bidder shall make every reasonable effort to propose and enter into an alternative subcontract or subcontracts for the same work to be performed by another available BBE, and/or HBE, and/or WBE, as appropriate, for a subcontract price or prices totaling not less than the 17 g• subcontract price under the excused or terminated subcontract, less all amounts previously paid thereunder. The Bidder must submit a revised Schedule of Participation or Set -Aside List of Subcontractors and Letter of Intent to include the substitute BBE, and/or HBE, and/or WBE, as appropriate. A successful bidder that cannot secure a substitute BBE, and/or HBE, and/or WBE, as appropriate., must provide a written statement of the Compliance Monitor and Contracting Officer that includes a list of the names, addresses, telephone numbers, and the date of contact for each BBE, and/or HBE, and/or WBE, as appropriate. The procedures of paragraphs € g. and h. below apply to this paragraph. The Compliance Monitor shall promptly meet with the Successful Bidder and provide him with an opportunity to demonstrate compliance with these requirements. The Compliance Monitor shall, within a reasonable time, recommend to the Contracting Officer whether the Successful Bidder should be determined to be in compliance with these requirements. The Compliance Monitor may require the Successful Bidder to produce such information as the Compliance Monitor deems appropriate and may obtain whatever other and further information from whatever sources the Compliance Monitor deems appropriate. The Compliance Monitor shall make his recommendation under this paragraph to the Contracting Officer and forward a copy to the Bidder. h. The Contracting Officer will consider objections to the Compliance Monitor's recommendation only if such written objections are received by the Contracting Officer within five calendar days from the Successful Bidder's receipt of the Compliance Monitor's recommendation. The Contracting Officer with or without a hearing, at his or her discretion may det-efmine,will reply to the Successful Bidder's written objection within 10 days of receipt of these objections. The Contracting Officer's determination upon consideration of the Successful Bidder's written objection shall be final and binding without right of appeal. H. SANCTIONS FOR CONTRACTUAL VIOLATIONS If at any time, the Successful Bidder is in violation of his obligations under these Provisions, MDC not withstanding any other penalties and sanctions provided by law may impose one or more of the following: 1. The suspension of any payment or part thereof until such time as the issues concerning compliance are resolved; 2. Work stoppage; 3. Termination, suspension, or cancellation of the contract in whole or part. 18 ' I. DEBARMENT The County may debar a BBE, and/or HBE, and/or WBE, as appropriate, or a non-BBE, and/or non-HBE, and/or non-WBE, as appropriate, for violation of, or non-compliance with, the provisions of Ordinances 94-96, and/or 94-95, and/or 94-94, Administrative Order 3-3, 3-17, 3-18 or these bid documents. 1. Violations that may result in debarment include but are not limited to: a. Falsifying or wrongfully withholding information in the certification, bidding or reporting processes for BBEs, and/or HBEs, and/or WBEs, as appropriate. b. Failing to perform a commercially useful function, or subcontracting to a BBE, and/or HBE, and/or WBE, as appropriate, by a non-BBE, and/or non-HBE, and/or non-WBE, as appropriate, that knew or should have known the BBE, and/or HBE, and/or WBE, as appropriate, could not perform a commercially useful function. When determining whether the BBE, and/or HBE, and/or WBE, as appropriate, performs a commercially useful function, DBD shall consider factors such as but not limited to: Whether actual work is performed by the BBE, and/or HBE, and/or WBE, as appropriate. Actual work includes drop shipping when the BBE, and/or HBE, and/or WBE, as appropriate, has actual and legal responsibility for billing and performance of the contract. Brokering is considered to be actual work when it is consistent with normal industry practice. ii. Whether further subcontracting by the BBE, and/or HBE, and/or WBE, as appropriate, is consistent with normal industry practice; iii. Whether the BBE, and/or HBE, and/or WBE, as appropriate, subcontractor is a prime contractor. iv. Whether the BBE, and/or HBE, and/or WBE, as appropriate, subcontractor has entered into bonding agreements that shift to another the expenses, risks, or responsibilities of the work for the purpose of meeting bonding requirements. 2. Debarment procedures shall comply with Section 10-38 of the Code of Miami -Dade County. J. APPENDICES 1. Forms a. Schedule of Participation b. Letter of Intent 19 DBD 101 DBD 102 c. Certificate of Unavailability DBD 103 d. Set -Aside List of Subcontractors DBD 104 e. Bid Preference DBD 105 f. Significant Utilization DBD 106 g. Monthly Utilization Report M-200 2. Project Worksheet 3. Certification List BLACK, HISPANIC AND WOMEN BUSINESS ENTERPRISE PROGRAM SCHEDULE OF PARTICIPATION Name of Prime Contractor Project No. This form should be completed by all BBE, and/or HBE and/or WBE subcontractors listed in the bid submittal at the time of bid submittal. The portion of the work to be performed by the BBE and/or HBE and/or WBE member of a joint venture is to be set forth in detail separately from the work to be performed by the non-BBE and/or non-HBE and/or non-WBE member of the joint venture. Name of Subcontractor Certification No. Check Appropriate Box BBE HBE WBE Type of Work to be Performed by Subcontractor % of Bid To be completed by the Prime Contractor/Bidder 1 certify that the representations contained in this Schedule of Participation are to the best of my knowledge true an accurate. Check appropriate box(es) if Unavailability Certificates are or will be provided in lieu of or in addition to the Schedule of Participation to demonstrate the lack of availability. Signature Date Print Name Title Name of CEO or President DBD 101 BBE HBE WBE 1 LETTER OF INTENT BLACK, HISPANIC AND WOMEN BUSINESS ENTERPRISE PROGRAM PARTICIPATION Bidders must submit Letters of Intent to the person or office to whom the bid was submitted by 4:00 p.m. on the second business day following bid opening. Expenditures listed on a Schedule of Participation that are not confirmed by a properly executed Letter of Intent shall not count toward the goal. TO: CONTRACT NAME: CONTRACT NO.: Name of Prime Total Bid $ The undersigned holds DBD Certification No. , expiring on Federal Employer Identification No. The undersigned intends to perform the following work in connection with the above contract: Item No. Scope — Description of Work Items %of Bid Total The undersigned has reasonably uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, the ability to obtain bonding that is reasonably required to provide such goods or services consistent with normal industry practice, and the ability to otherwise meet the bid specifications. Signature Print Name Title Name of Firm 1 Date BBE HBE WBE DBD 102 of BLACK, HISPANIC AND WOMEN BUSINESS ENTERPRISE PROGRAM CERTIFICATE OF UNAVAILABILITY 1, Name Title I contacted the Firm Name certify that on Date BBE, HBE or WBE to obtain a bid for work items to be performed on Miami -Dade County Contract No. Work Items Sought Form of bid sought (i.e. unit price, materials and labor, labor only, etc.) Signature Print Name Title I, was offered the above opportunity to bid. BBE, HBE or WBE I was unavailable to perform the above work at the above specified time due to: I am aware that Miami -Dade County Administrative Orders provide that: "Any BBE and/or HBE and/or WBE that fails to bid at a minimum the lesser of three (3) or fifty percent (50%) of the available projects, in its primary certified trade, commodity or service area, during the certification year may be decertified or denied recertification. Signature DBD Certification Number (Print Name Expiration Date Title 2 DBD 103 BLACK, HISPANIC AND WOMEN BUSINESS ENTERPRISE PROGRAM SET -ASIDE LIST OF SUBCONTRACTORS DBD reserves the right to require bidders at bid submission or thereafter to fill out this form. The portion of the work to be performed by the BBE, HBE or WBE member of a joint venture is to be set forth in detail separately from the work to be performed by the non-BBE, non-HBE and/or non-WBE member. Bidder shall identify the work to he provided by the bidder's own forces. Name of Bidder Project Number Location Subcontractor/Bidder Certification No. Type of Work to be Performed % of Bid To be completed by the Bidder I certify that the representations contained in this Set -Aside List of Subcontractors are to the best of my knowledge true and accurate. Signature Date Telephone Print Name Title 1 Total DBD 104 BLACK, HISPANIC AND WOMEN BUSINESS ENTERPRISE PROGRAM BID PREFERENCE Bidder's Name: DBD Certification Number, if any: Certification Expiration Date: Dollar Range of Bid Check Appropriate Box Bidder is a Certified BBE Bidder Claims Significant Utilization of: BBEs Bidder is a Joint Venture * BBE _ >51% Bidder is a Joint Venture * BBE = <51% HBE = <51% HBE HBEs HBE = >51 % WBE WBEs WBE = >51% WBE = <51% >0 <S75,000 10.0% 7.50% 5.0% 3.75% 75,000<125,000 5.0% 3.75% 2.50% 1.25% 125,000<250,000 4.0% 3.00% 2.00% 1.00% 250,000<500,000 3.0% 2.25% 1.50% 0.75% 500,000<1,000,000 2.0% 1.50% 1.00% 0.50% 1,000,000<2000000 1.0% 0.75% 0.50% 0.25% If bidder is claiming Significant Utilization attach DBD Form 106. *All joint ventures must be approved by DBD prior to bid submission. DBD FORM 105 SIGNIFICANT UTILIZATION OF BLACK and/or HISPANIC and/or WOMEN BUSINESS ENTERPRISES Check Applicable:BBE Contract Title: Date: HBE WBE Contract No.: Purchases from subject firms not pursuant to any governmental race, gender or ethnic -conscious contract measures. Purchases — Prior 24 Months BBE and/or HBE and/or WBE Services Provided Amount Expended Contract Amount Mo./Yr. Totals $ Bidder's total purchases of goods and services in prior 24 months Bidder's total purchases of goods and services in Miami -Dade County in the prior 24 months $ $ $ $ Describe your systematic efforts to eliminate discrimination against BBEs and/or HBEs and/or WBEs in your purchasing operations. Note: Bidders may submit additional evidence in any reasonable manner that they believe demonstrates significant utilization. Describe any systematic efforts to eliminate discrimination against BBEs and/or HBEs and/or WBEs in your purchasing operations. I certify that the representations above are to the best of my knowledge true and accurate. Authorized Signature of Bidder Print Name Telephone Date Title Company 106 DBD 1 BBE Subcontractor Goal % HBE Subcontractor Goal BLACK, HISPANIC AND WOMEN BUSINESS ENTERPRISE PROGRAM MONTHLY UTILIZATION REPORT Successful bidders on projects with subcontractor goals must file this report. Failure to comply may result in Miami -Dade County commencing proceedings to impose sanctions on the successful bidder, in addition to pursuing any other available legal remedy. Sanctions may include the suspension of any payment or part thereof, termination or cancellation of contract, and the denial to participate in any future contracts awarded by Miami -Dade County. Reporting Period: From To WBE Subcontractor Goal ders Name and Address and Federal Employer ntification Number Date of Pre -Bid Conference Date of Bid Opening Bid Amount Change Order Amount Goal Submitted Date of Award Amount Requisitioned this Period $ $ Total Amount Requisitioned to Date $ $ Total Amount Received by Prime to Date $ $ $ $ $ Amount Requisitioned for BBE Subcontractors this Period Total Amount Requisitioned for BBE Subcontractors to date Amount Requisitioned for HBE Subcontractors this Period Total Amount Requisitioned for HBE Subcontractors to date Amount Requisitioned for WBE Subcontractors this Period Total Amount Requisitioned for WBE Subcontractors to date heck Appropriate Box E HBE WBE Contract Amount Name of Subcontractor Description of Work Amount Requested this Requisition Amount Paid ti Sub to Date Title Authorized Signature Company Date Telephone Page of DBD M-200 2