14-CCS Requirements with Sliding Scale.docx

CONTRACT COMPLIANCE SERVICES (CCS) REQUIREMENTS

1.1 Historically Underutilized Business (HUB)

It is the declared administrative policy, 3.10, of the Board and its administration to aid, assist, and protect, to the extent justified by the evidence, the interests of historically underutilized business (HUB) concerns to preserve free competitive enterprise and to ensure that a fair proportion of the total purchases and contracts or subcontracts for goods and services for MPS be placed with HUBs. Therefore, MPS contracts may require the use of HUB firms within the prime Contractor/Vendor proposal response when a participation requirement is assigned.

HUB participation must be “commercially useful”; i.e., the goods or services to be provided by the HUB firm are a direct function of the scope of services described in this RFP/RFB and resulting contract. The HUB participation requirement may be met by respondent in several ways:

Respondents may contact MPS’s Office of Contract Compliance Services for a list of acceptable certifications for HUB consideration. The Office of Contract Compliance Services may also be contacted for the purposes of furnishing a list of registered HUB firms for participation consideration. Furnished lists by the Office of Contract Compliance Services serves as an additional resource and does not limit Contractor/Vendor means to dictate how HUB participation shall be pursued. No credit for participation will be granted until HUB firm certification documentation is received.

1.2 Student Engagement Program

Per Administrative Policy 3.10, the Student Engagement program seeks to maximize Contractor involvement in career education and employment opportunities for students. The Student Engagement Program has two separate components: (1) career education activities that directly involve MPS students; and (2) paid student employment hours that provide one or more MPS students with an actual, meaningful employment experience. To meet student employment hours, students must be registered through MPS’s student database. Once hired by the Contractor, students will be paid, at a minimum, the current Living Wage Rate as identified by the City of Milwaukee Ordinance 310-13. Under no circumstances will students work under conditions that would be considered a hazardous work environment.

Career Education activities include, but are not limited to, the following:

Student Employment participation includes, but is not limited to, the following options:

Further additional information relating to HUB participation requirement and the Student Engagement requirement can be found at http://mps.milwaukee.k12.wi.us/en/District/About-MPS/School-Board/Contract-Compliance-Services.htm.

1.3 Requirements

The HUB participation requirement for the contract to be awarded pursuant to this RFP/RFB is:

5% per 12-month term.

The Student Engagement requirement per 12-month term for the contract to be awarded pursuant to this RFP/RFB will be reflected by the scale below:

A respondent’s status as a 501(c)(3) tax-exempt nonprofit organization does not excuse it from fulfilling these requirements.

1.4 Forms

Bidder must complete and return those forms checked below with its bid or it will fail as to that minimum proposal requirement. The required forms are attached to this RFP/RFB. Fillable versions of these same forms can also be found at http://mps.milwaukee.k12.wi.us/en/District/About-MPS/School-Board/Contract-Compliance-Services/Forms--Schedules.htm (click on Forms and Schedules, then click on Vendors). The fillable version of the forms must be printed, signed and attached to bids.

Even if there are no HUB or Student Engagement requirements identified in § 2.3, bidders must still fill out “Appendix B - Prime Vendor Information Sheet”. The information disclosed in this form will not be used in evaluating a respondent’s proposal as it is solicited solely for reporting purposes to the Board of School Directors.

1.5 Award

MPS’s Contract Compliance Supervisor, or his/her designated staff, will be the sole judge of the suitability and completeness of the returned CCS forms and will assign a “pass” or “fail” determination accordingly as to that minimum proposal requirement.

In the event this RFP/RFB does not identify CCS requirements in § 1.3.3, MPS reserves the right to award up to ten additional points to respondents who will utilize a certified HUB or commit to Student Engagement hours. To be eligible to receive these points, respondent must detail in its proposal what role(s) the proposed HUB subcontractor will be responsible for in the scope of services or specify what engagement MPS students will take place within a 12-month contract term. Forms can be found as identified in § 1.3.4 and must be completed and returned with a proposal for consideration. MPS’s Contract Compliance Supervisor, or his/her designated staff, will be the sole judge of the suitability of the proposed participation and will assign points accordingly.

Within 20 business days after a bidder receives MPS Board approval of its contract, it must submit copies of all executed HUB firm subcontracts and all supporting and associated HUB documentation to CCS. Falsification of any information related to a subcontract, including, but not limited to, subcontractor’s name or actual work to be performed by HUB firms, is prohibited. No HUB firm substitutions or scope of work reductions shall occur without the expressed written consent of MPS’s Contract Compliance Supervisor or his/her designated staff.

Failure to meet CCS requirements may result in financial sanctions up to, or exceeding, the assigned HUB percentage value of the awarded contract, and/or associated student engagement hour requirements. Sanctions for non-compliance may be assessed against contractor invoices and are considerations for contract award. Sanction dollars will be released on subsequent invoices as compliance documentation is provided.

1.6 Waiver of Contract Compliance Services Requirements

Requests for HUB assignment waivers must be submitted in writing to the Office of Contract Compliance Services, and the contracting department. Such requests shall specify measures taken to meet the requirements and/or documented justification for waiver. An example of a justification may be, but not limited to, a proposal response will not exceed $49,999.99 in each one-year contract term. In the event evidence suggests a need to adjust a requirement on an RFP/RFB, an addendum shall be issued prior to bid opening.

Requests to amend CCS requirements may be granted when a resulting contract has a not to exceed amount of $49,999.99 per 12-month contract term. Requests must be submitted in writing within 20 days after a Contractor/Vendor receives MPS Board approval of its contract. Failure to adhere to the strict timeline will result in the original CCS assignments.

If a vendor has specific concerns regarding any aspect of the CCS process, including requirements, how requirements may be met or other, questions in writing may be submitted during the open question and answer period for this project in Bonfire. However, the deadline for these questions remains the same. Any questions submitted to CCS must be received not later than the “Questions Due Date” as listed in this bid (refer to schedule).

CCS may engage in vendor-specific conversations regarding requirements, but any general information relevant to all vendors generated by these conversations will be published in an addendum.