10-OESBD - CBE Reserve.docx

OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT REQUIREMENTS

COUNTY BUSINESS ENTERPRISE (CBE) RESERVE

A. In accordance with Section 1-81.3(a) of the Broward County Business Opportunity Act, Section 1-81 et seq. of the Broward County Code of Ordinances, (the “Act”), this solicitation is reserved for County Business Enterprise (CBE) firms (CBE Reserve).

B. CBEs and nonCBEs may respond to the solicitation.

C. The CBE with the lowest responsive and responsible bid, or with the highest-ranked responsive and responsible proposal, as compared to all other CBEs (the "CBE Presumptive Awardee"), shall be awarded the contract if the CBE Presumptive Awardee meets the following requirements, as applicable:

(1) Monetary Differential: The total bid or proposal amount of the CBE Presumptive Awardee: (a)(i) does not exceed Three Million Dollars ($3,000,000) and (ii) does not exceed the total amount of the lowest responsive and responsible bid, or the total amount of the highest-ranked responsive and responsible proposal, as applicable, from a nonCBE by more than ten percent (10%); or (b)(i) exceeds Three Million Dollars ($3,000,000) and (ii) does not exceed the total amount of the lowest responsive and responsible bid, or the total amount of the highest-ranked responsive and responsible proposal, as applicable, from a nonCBE by more than five percent (5%); and

(2) Points Differential: For competitive solicitations in which the proposals are assigned point totals, after deducting the points awarded for price from the total points awarded to each appliable proposal, the total points assigned to the CBE Presumptive Awardee:

(a) for Proposals that do not exceed Three Million Dollars ($3,000,000), are not more than ten percent (10%) less than the total points assigned to the highest-ranked responsive and responsible nonCBE; or

(b) for proposals that exceed Three Million Dollars ($3,000,000), are not more than five percent (5%) less than the total points assigned to the highest-ranked responsive and responsible nonCBE.

If the CBE Presumptive Awardee does not meet the above requirements, as applicable, then the CBE with the next lowest responsive and responsible bid, or the next highest-ranked responsive and responsible proposal, as compared to all other CBEs, will be deemed the CBE Presumptive Awardee and awarded the contract if the CBE Presumptive Awardee meets the above requirements, as applicable. If no CBE Presumptive Awardee meets the above requirements, as applicable, the award shall be made to the nonCBE that submits the lowest responsive and responsible bid, or the highest-ranked responsive and responsible proposal, provided the Director of Purchasing determines the total amount of the bid or proposal is fair and reasonable, unless (a) the Director of Office of Economic and Small Business Development (OESBD) issues a written determination that re-solicitation with modified specifications is likely to result in one or more bids or proposals from CBEs that would be eligible to receive the contract award; and (b) the Director of Purchasing issues a written determination that the delay occasioned by re-solicitation would not materially harm the County’s interests.

D. If a nonCBE is awarded the contract because no CBE submits a responsive and responsible bid or proposal, or because no CBE meets the applicable requirements stated above, the contract awarded to a nonCBE must include at least a twenty-five percent (25%) CBE goal.

E. It is the Vendor’s responsibility to ensure compliance with the CBE requirements and adhere to solicitation deadlines. The Vendor must contact OESBD to verify current CBE status or to obtain CBE certification.

F. CBE-certified Vendors responding to a CBE Reserve must ensure that at least eighty-five percent (85%) of the services are performed by CBE firms. Either the Vendor must self-perform eighty-five percent (85%) of the Work as the prime Vendor or the prime Vendor may self-perform a portion of the work and subcontract remaining portions of Work to other CBEs. In the latter scenario, the cumulative participation of the CBE-certified prime Vendor and its CBE-certified sub-vendors must account for at least eighty-five percent (85%) of the overall services. If the prime Vendor intends to subcontract any portion of the Work, the Vendor must complete a Letter of Intent (refer to Section G below).

G. CBE Program Requirements: Vendor should submit all required forms and information with its solicitation submittal as a matter of responsibility. If the required forms and information are not provided with the Vendor’s solicitation submittal, then Vendor must supply the required forms and information no later than three (3) business days after request by OESBD. Vendor may be deemed non-responsible for failure to fully comply with this solicitation and CBE Program Requirements within these stated timeframes.

(1) Vendor should include in its solicitation submittal a Letter of Intent Between Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier (LOI) for each CBE the Vendor intends to use to achieve the assigned reserve or CBE participation goal. If the Vendor is a CBE performing at least 85% of the work, an LOI should be submitted stating that at least 85% of the work will be completed by the CBE. The form is available at the following link: http://www.broward.org/EconDev/Documents/CBELetterOfIntent.pdf

(2) If Vendor is unable to attain the CBE participation goal or reserve, Vendor should include in its solicitation submittal an Application for Evaluation of Good Faith Efforts and all the required supporting information. The form is available at the following link:

http://www.broward.org/EconDev/WhatWeDo/Documents/GoodFaithEffortEval.pdf

H. A certified firm must provide a commercially useful function for the Project and may not act as a broker. A certified firm that seeks to act as a broker, or that does not provide a commercially useful function for the Project shall be subject to decertification by OESBD.

I. Vendors are encouraged to purchase materials from certified CBE firms whenever possible.

J. OESBD maintains an online directory of CBE firms. The online directory is available for use by Vendors at https://webapps4.broward.org/smallbusiness/sbdirectory.aspx

K. For detailed information regarding the CBE Program contact the OESBD at (954) 357-6400 or visit the office’s website at: http://www.broward.org/EconDev/SmallBusiness/

L. If awarded the contract, Vendor agrees to and shall comply with all applicable requirements of this solicitation, the Business Opportunity Act, and the CBE Program in the award and administration of the contract, including the following:

(1) No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, or pregnancy in the performance of this contract.

(2) All entities that seek to conduct business with the County, including Vendor or any Prime Contractors, Subcontractors, and Bidders/Offerors shall conduct such business activities in a fair and reasonable manner, free from fraud, coercion, collusion, intimidation, or bad faith. Failure to do so may result in the cancellation of this solicitation, cessation of contract negotiations, revocation of CBE certification, and suspension or debarment from future contracts.

(3) If Vendor fails to meet or make Good Faith Efforts (as defined in the Business Opportunity Act) to meet the CBE participation commitment (the “Commitment”), then Vendor shall pay the County liquidated damages in an amount equal to fifty percent (50%) of the actual dollar amount by which Vendor failed to achieve the Commitment, up to a maximum amount of ten percent (10%) of the total contract amount, excluding costs and reimbursable expenses. An example of this calculation is stated in Section 1-81.7, Broward County Code of Ordinances.

(4) Vendor shall comply with all applicable requirements of the Business Opportunity Act in the award of this contract.

(5) Vendor shall pay its CBE subcontractors and suppliers within fifteen (15) days following receipt of payment from the County for all completed subcontracted work and supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from the County.

(6) Vendor understands that the County will monitor Vendor’s compliance with the CBE Program requirements. All Vendors must provide OESBD with a Monthly Utilization Report (MUR) to confirm its compliance with the Commitment agreed to in the contract; timely submission of the MUR every month throughout the term of the contract, including amendment and extension terms, is a condition of the County’s payment of Vendor under the contract. This form is also available online at: www.broward.org/econdev/SmallBusiness/Pages/compliance.aspx

Form Date 7/1/25