26-002-A_RFP_Appendix_C_Inclusion_Plan.docx

Appendix C: Inclusion Plan

Last updated October 4, 2023

WMBE Inclusion Plan – Vendor Contracts

Bidders must complete and submit this form with their RFP response. Carefully read the attached instructions.

For questions, call Miguel Beltran, 206-684-4525 Miguel.Beltran@seattle.gov.

The RFP instructions for this project identify how many points this Inclusion Plan is given during RFP evaluation.

Aspirational WMBE Goals.

Propose WMBE utilization goals in the spaces below. These goals represent WMBE utilization the Bidder intends to achieve during contract performance. The goals should represent a realistic and achievable commitment. WMBE Bidders may indicate your self-performance as well as work you intend to subcontract to other WMBE firms. See page 4 for instructions. These goals do not need to match and are not expected to match WMBE Guarantees.

Project Goals

Strategies.

Describe strategies you intend to use to achieve the aspirational WMBE utilization for this contract. This may include such strategies as negotiated award to a WMBE firm in lieu of competitive subcontract bids, using WMBE as a tiebreaker per RCW 35.22.650, strategies for self-performance and subcontracting, providing mobilization payments, and offering rapid invoice payments.

Past Performance As evidence of your good faith intentions to achieve the WMBE aspirational goals you provide on page 1, describe your past performance on contracts with similar work. The City may review your past performance on previous City contracts. Your response should concentrate on achievement when your effort was voluntary (i.e. goals were not mandatory such as a federally-funded DBE requirement), or where you exceeded the regulatory minimum requirement.

WMBE Guarantees This section gives the option to guarantee utilization of certain WMBE firms as evidence of good faith efforts. If you choose to list WMBE firms, you guarantee to the City and WMBE firm they will be used. Provide the percentage of total contract value that you guarantee. Please see instructions on page 5.

Diverse Employment.

If you have a mission or program uniquely committed to hiring workers with employment barriers, veterans, disabled, the chronically unemployed or low-income individuals, or woman and minority (if they are underutilized in your profession such as. construction trades), please describe. The City expects a substantive and highly integrated program, instead of a standard EEO or Affirmative Action policy.

Describe how this mission or commitment would translate directly into placement of such workers to perform the scope of work for this City contract opportunity.

Inclusion Plan Instructions

WMBE firms include any self-identified or state-certified firm that is at least 51% woman or minority owned (per SMC 20.42). The following may assist bidders: http://web6.seattle.gov/fas/registration/ and https://omwbe.wa.gov/directory-certified-firms . A WMBE does not need to be self-identified and registered within the City’s on-line business registration at time of bid but must do so before contract execution.

1. When the City places the Inclusion Plan into the solicitation requirements, the “Bidder” must complete and submit this WMBE Inclusion Plan as part of the RFP response. If the form is not completed and submitted as part of the response, the bid will be considered non-responsive.

2. The RFP provides the evaluation scoring matrix, which includes how many points this Inclusion Plan will be given in RFP evaluation. Notes below provide you the context of how points will be considered. The Plan will be evaluated by the City based upon the strength of the good faith efforts to utilize WMBE-owned firms

3. A Prime (i.e. the Bidder, Vendor, the company submitting the proposal) who self-identifies (or is state certified) as a WMBE firm, must complete this form. even if it intends to self-perform.

4. If you are a WMBE Prime and choose to self-perform elements that are eligible for subcontracting (i.e. work that is discretionary, which a prime may choose to self-perform or subcontract), you may include your self-performance as part of your aspirational goal and may name your self-performance for such discretionary work within your Guaranteed WMBE utilization.

5. All work identified in the Plan to be performed by a WMBE firm must be a commercially useful function for the contract scope.

6. The City may discuss the Plan with the apparent successful bidder before incorporating into the contract; the Plan may be amended by mutual consent.

7. For phased work, (for example, an IT project), provide responses as thorough as possible given the scope known. If future phases require, the City will review the Plan for mutually-agreed upon updates.

Aspirational WMBE Goals (Page 1)

8. These goals are a serious commitment the Prime (i.e. Bidder or Proposer) can reasonably and realistically achieve given good faith efforts.

9. These aspirational goals, good faith efforts, progress reports, and collaboration with the City are material to the contract.

10. The Bidder is to provide an Aspirational Goal that is achievable. Failure to achieve the goal itself is not a material breach, but substantial variance below the Aspirational goal volunteered by the Bidder may measure failed good faith efforts, to establish a reasonable goal and/or build an appropriate effort to achieve the aspirational goal.

11. The Aspirational Goal percentage applies to the entire contract cost. If change to the contract requires a modification to the percentage, then the City and Prime will discuss whether a greater or lesser goal is appropriate and modify the Plan.

12. The bidder should enter a total WMBE goal on page 1 where indicated. The City seeks a separate percentage WBE and MBE goal. If the bidder does not provide such goals separately and only gives a total, then the City may seek the two separate percentages after bid opening and rely upon the total for scoring. If the Bidder provides a WBE and MBE goal, but does not total the percentage, the City shall total those percentages to become the total.

WMBE Guarantee (Page 2)

13. The Prime has the option to list WMBE firms with whom the Prime commits to contract. This does not need, and is not expected, to equal your aspirational goal on page 1. You may have WMBE firms you can commit at time of bid but may have other opportunities you are not yet prepared to guarantee.

14. A WMBE Guarantee should be secured with the WMBE firm in advance of listing on the form. The City does not require a signed contract in place with the WMBE.

15. Changes to named WMBE Guarantees:

a. A named firm includes any WMBE named in the Inclusion Plan with whom the Bidder would Contract if awarded the Contract.

b. Any such WMBE that the Prime wishes to substitute during the project must have City Buyer consent through a change order and a demonstrated “good cause.” “Good cause” shall include the following:

1. Failure of the WMBE to execute a written contract after a reasonable period of time.

1. Bankruptcy of the WMBE.

1. Failure of the WMBE to provide the required bond.

1. The WMBE is unable to perform the work because they are debarred, not properly licensed, or in some other way is ineligible to work.

1. Failure of the WMBE to comply with a requirement of law applicable to subcontracting.

1. The death or disability of the WMBE (if the WMBE is an individual)

1. Dissolution of the WMBE (if the WMBE is a corporation or partnership).

1. If there is a series of failures by the WMBE to perform in accordance with previous contracts.

1. Failure or refusal of the WMBE to perform the work.

c. If the Prime is making a change to a named WMBE Subcontractor, then the Prime shall use good faith efforts to recruit another WMBE to do the Work.

Diverse Employment (Page 3)

a. Corporate EEO policies and affirmative action policies are not indicative of a unique employment mission.

b. A response is not required, if you have no such program within your company and/or you do not have a unique mission as part of your business purpose.

Purchasing and Contracting Liz Alzeer, Division Director 700 Fifth Ave., 41st Floor | P.O. Box 94687 | Seattle, WA 98124-4687 | 206-684-0444 | seattle.gov/fas image1.jpeg