18-SBE, LBE, LSBE Affidavit (Fillable).pdf

PDF 214 KB Posted

Attached to
Miscellaneous Construction Via Job Order Contracting for Los Angeles World Airports (Personal Services)
Solicitation number
0051-2024-07-RFP-228194
Issued by
Los Angeles County, California

About this file

This is a Business Enterprise Participation Affidavit required by Los Angeles World Airports (LAWA), a department of the City of Los Angeles, for all proposers and bidders on state and local contracts. The document establishes mandatory minority and disadvantaged business enterprise participation requirements for awarded contracts. The referenced project involves miscellaneous construction services via Job Order Contracting (JOC) for facility repair, alteration, and minor new construction at LAX and Van Nuys Airport, with an estimated combined contract value of $6,000,000 and an expected three-year term. Services will only be performed upon LAWA's issuance of individual Task Orders, with no guarantee of work assignment. Proposers must register and submit proposals through the Bonfire portal, with regular monitoring of the Public Notices tab for updates and addenda.

The affidavit establishes mandatory participation levels of 25 percent for Small Business Enterprises (SBE) and 10 percent for Local Business Enterprises (LBE), with zero percent requirements for Local Small Business Enterprises (LSBE) and Disabled Veteran Business Enterprises (DVBE). Selected proposers must commit to achieving these participation percentages calculated against the total contract amount and shall maintain monthly Subcontractor Utilization Reports submitted with invoices. LAWA reserves the right to withhold 15 percent of subcontract dollar values appearing to violate program requirements or performed without prior approval. Failure to submit required Final Subcontracting Reports within fifteen calendar days results in liquidated damages of $100 per day. All bidders must certify compliance with LAWA's SBE, LBE, LSBE, and DVBE Program Rules and Regulations prior to contract award.

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Text version

7/13/17

AFFIDAVIT

REQUIRED OF ALL PROPOSERS/BIDDERS

(This Affidavit will become part of the contract for the selected Proposer/Bidder) The City of Los Angeles, Los Angeles World Airports (LAWA) is committed to creating an environment that provides all individuals and businesses open access to the business opportunities available at LAWA.

MANDATORY BUSINESS ENTERPRISE PARTICIPATION LEVELS:

This Project has the following mandatory participation levels:

SBE __25__%

LBE 10 %

LSBE 0 %

DVBE 0 %

If awarded the contract, the selected Proposer/Bidder commits to achieving the following participation levels on the Project:

SBE ______%

LBE ______%

LSBE _____%

DVBE _____%

Achievement level(s) will be calculated as the percentage of the total contract amount for which SBEs, LBEs, LSBEs or DVBEs were utilized. The selected Proposer/Bidder’s performance on the applicable business enterprise levels will be monitored throughout the duration of the contract, and the business enterprise achievement levels will be calculated at the end of the contract term.

SUBCONTRACTORS:

As applicable, the selected Proposer/Bidder will be required to comply with California’s “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.)

(https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=1.&chapter=4.& article=).

Any reduction, increase, or other change to the SBE, LBE, LSBE or DBVE Subcontract amounts without prior written approval of Procurement Services Division (PSD) is considered an Unauthorized Subcontractor Substitution, and the selected Proposer/Bidder may be subject to a penalty. A subcontract dollar value increased or reduced solely as the result of a Change Order issued by LAWA to add or delete from the original scope of work shall not be subject to a penalty for an Unauthorized Subcontractor Substitution.

Proposers/Bidders must list all Subcontractors on LAWA’s Subcontractor Participation Plan and include all requested information. Only PSD is authorized to grant either initial approval of Subcontractor(s) or additions, deletions, and substitutions.

PENALTIES:

Violation of the SBE, LBE, LSBE and DVBE Program Rules and Regulations (http://www.lawa.org/welcome_LAWA.aspx?id=146) may result in financial penalties.

At the end of each project, LAWA may withhold as disputed funds 15% of the total dollar value of all subcontract(s) that appear to be in violation of the SBE, LBE, LSBE or DVBE Programs and 15% of the total dollar value of all subcontract(s) where work was performed on the project without, or prior to, approval by LAWA.

REPORTING REQUIREMENTS:

The selected Proposer/Bidder shall submit to LAWA, on a monthly basis, together with its invoice the Subcontractor Utilization Report listing the SBE, LBE, LSBE or DVBE subcontractors utilized during the reporting period. LAWA will not process or pay selected Proposer/Bidder’s subsequent invoices if the Subcontractor Utilization Reports are not submitted with the monthly invoice.

The Contractor must submit the Final Subcontracting Report to PSD within fifteen (15) calendar days after a request for the report by PSD. Failure to comply shall result in the assessment of liquidated damages in the amount of $100.00 per day by LAWA.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=1.&chapter=4.&article= https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=1.&chapter=4.&article= http://www.lawa.org/welcome_LAWA.aspx?id=146

7/13/17

CERTIFICATION

The Bidder/Proposer certifies that it/he/she has read and understood the SBE, LBE, LSBE and DVBE Program Rules and Regulations (located at http://www.lawa.org/welcome_LAWA.aspx?id=146) and further certifies that, if awarded the Contract, it/he/she shall fully comply with LAWA’s SBE, LBE, LSBE and DVBE Programs.

Company Name, Address and Phone Number

Signature of Officer or other Authorized Representative Date

Print Name and Title of Officer or Other Authorized Representative

Project Title http://www.lawa.org/welcome_LAWA.aspx?id=146

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Company Name Address and Phone Number:
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Print Name and Title of Officer or Other Authorized Representative:
Project Title:
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