4-2025 PROC-1 Countys Vision of Achieving Racial Equity.pdf

DEPARTMENT OF ADMINISTRATIVE SERVICES

Procurement Division

PROC-1: The County’s Vision of Achieving Racial Equity

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MILWAUKEE COUNTY

THE COUNTY’S VISION OF

ACHIEVING RACIAL EQUITY

INFORMATION FOR SUPPLIERS & VENDORS

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1 TABLE OF CONTENTS

2 Table of Figures

3 Milwaukee County’s Vision

4 Understanding Our Terms

4.1 Racial Equity

4.1.1 The Difference Between Equality and Equity

4.1.2 Why Racial Equity Matters

4.2 A Racial Equity Lens

4.3 Health

5 Understanding Our Plan

5.1 Why We Need to Use a Racial Equity Lens

5.2 How We’ll Use a Racial Equity Lens

5.3 How We’ll Achieve Equity

6 What We Expect from Our Vendors

6.1 Vendor Conduct

6.2 Culturally Competent Services

6.3 Increasing Spend with Marginalized Businesses

6.4 Non-Discrimination, Equal Employment Opportunity, Affirmative Action

8.1 Milwaukee County TBE Program

8.2 Eligibility Criteria & REgistration

8.2.1 DBE/ACDBE/SBE Certification Program

8.2.2 TBE Program

9 RFP and Contracting Requirements

9.1 How To Participate

9.2 Locating DBE / TBE Firms for County Contracts

9.2.1 Search Directories for Firms Eligible for Credit

9.2.2 Request a List of Firms from OEI

9.3 Demonstrating Compliance

9.3.1 DBE / TBE Forms

9.3.2 Good Faith Effort Forms

10 Evaluating Participation; Contractual Obligations

10.1 How the County Evaluates TBE Participation

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10.2 Contractual Obligations

11 Reporting & Compliance

12 Using B2GNow

13 Contacting OEI

2 TABLE OF FIGURES

Figure 6-1: Milwaukee County's Strategic Focus Areas & Strategy Objectives

Figure 6-2: Health & Equity Framework

Figure 6-3: County Health Ranking

Figure 6-4: Health and Equity Framework Categories

Figure 5-5-5: Categories of Prevention

Figure 6-6: Community Impact Measures

Figure 6-6, con’t: Community Impact Measures ......................................................................................... Error! Bookmark not defined.

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3 MILWAUKEE COUNTY’S VISION

Milwaukee County’s Vision is “By achieving racial equity, Milwaukee is the healthiest county in Wisconsin.” Racial equity will be achieved when race no longer predicts health outcomes and outcomes for everyone improve.

We seek to achieve our vision by dismantling institutional racism in our organization and building up policies, practices, and a culture that ensures race no longer predicts health outcomes, and outcomes for everyone improve. Our strategic focus areas include creating intentional inclusion, bridging the gap, and investing in equity.

For more information on the County’s vision and the steps we are taking to achieve it, visit Vision (milwaukee.gov).

4 UNDERSTANDING OUR TERMS

In 2019, the Milwaukee County Executive signed a resolution declaring racism a public health crisis in Milwaukee County and established a vision for the County to become the healthiest county in Wisconsin through the achievement of racial equity. In support of this vision, the County requests that vendor partners agree to collaborate with the County in achieving racial equity for our constituents and commit to improving racial equity within Milwaukee County.

Offerors must consider this policy and the associated terms when responding to Targeted Business Enterprise requests, subcontracting, and proposing services, especially those services with a direct impact on traditionally underserved populations.

4.1 RACIAL EQUITY

From infant mortality to life expectancy, race is a clear predictor of health. Milwaukee County’s vision to see health outcomes improve for all residents of Milwaukee County begins with ensuring access to communities of color is provided so all communities have the same playing field of opportunity. Racial equity will be achieved when race is no longer a predictor of health outcomes in Milwaukee County.

4.1.1 THE DIFFERENCE BETWEEN EQUALITY AND EQUITY

Equality is about everyone getting an equal cut of the apple. Of course, there is huge value in equality, which is why we have taken many steps to ensure equality across the board. Take our pay structure for example – we have taken steps to ensure our trades professionals are making the same wage for doing the same job. When we think about equity, though, we are exploring how we make meaningful change for the people of Milwaukee County – many of whom are not on the same playing field and do not have equal needs.

Our focus is on equity because our residents have very different levels of need from the government that serves them, and it is on us to help level the playing field.

4.1.2 WHY RACIAL EQUITY MATTERS

The history of segregation, discrimination and racism in the County is recognized and irrefutable. While our policies and practices may not be explicitly racist today, our institution was built on a foundation of whiteness and our status quo practices are carrying a white bias through time. This doesn’t mean we’re racist, but it does mean that too many of us – for far too long – have been comfortable with the status quo. It is time to stop kicking the can down the road and address https://county.milwaukee.gov/EN/Vision

5 | P a g e institutional and structural racism, head on. There is absolutely a widespread readiness and willingness to address and fix racial inequity, and it is high time to take the reins and make real change for our future generations.

4.2 A RACIAL EQUITY LENS

A racial equity lens is a concept and approach used to examine and address issues related to racial disparities and inequities. It involves deliberately considering the impact of policies, practices, and decisions on different racial and ethnic groups and taking steps to reduce or eliminate disparities. Some key aspects of a racial equity lens are:

4.2.1 Recognition of Disparities: Recognizing that racial disparities and inequities exist in various aspects of society, such as education, healthcare, criminal justice, employment, and housing. These disparities often result from historical and systemic racism.

4.2.2 Data Analysis: A racial equity lens involves analyzing data and information through a racial and ethnic lens. This means looking at data broken down by race and ethnicity to understand how different groups are affected differently by various policies and practices.

4.2.3 Impact Assessment: Policies, programs, and initiatives are assessed for their potential impact on racial and ethnic disparities. This involves evaluating whether these actions could exacerbate existing disparities or help reduce them.

4.2.4 Equity-Centered Decision-Making: Decision-makers use the information gathered through a racial equity lens to inform their choices. This may involve making policy changes, allocating resources differently, or implementing targeted interventions to address racial disparities.

4.2.5 Community Engagement: Engaging with affected communities and seeking their input is an essential part of applying a racial equity lens. This ensures that the perspectives and experiences of marginalized communities are considered in decision-making processes.

4.2.6 Accountability and Monitoring: Continual monitoring and evaluation are crucial to ensure that efforts to address racial disparities are effective. Accountability mechanisms are put in place to track progress and adjust as needed.

4.2.7 Intersectionality: Recognizing that individuals may belong to multiple marginalized groups (e.g., race, gender, socioeconomic status), a racial equity lens often considers the intersection of various identities and how they compound disparities.

4.2.8 Policy and System Change: Ultimately, applying a racial equity lens seeks to bring about structural and systemic changes to create a more just and equitable society, where all racial and ethnic groups have equal opportunities and outcomes.

4.3 HEALTH

It’s not just about being healthy or sick. Health is a complicated and multifaceted concept. True health is a state of complete physical, mental, and social wellbeing, and not just the absence of disease. It is a holistic condition in which our community and its members function at their best in all aspects of their lives. The County measures health based on life expectancy, quality of life, and racial disparities among individuals’ outcomes. Achieving and maintaining good health requires a

6 | P a g e combination of personal choices, access to resources and healthcare, social support, and public initiatives aimed at preventing illness and promoting well-being. The County acknowledges the substantial role County services and institutions play in our community’s health, and is dedicated to removing barriers to care, increasing access to resources, and creating health equity for all our community members. We are striving toward a goal of health equity in which a person’s health outcomes are not decided by their race, sex, gender, age, familial status, disability status, faith, or other characteristics due to inequitable policies, practices, or barriers to resources that can be tracked back to institutional racism or other similar practices.

5 UNDERSTANDING OUR PLAN

In Milwaukee County, we are taking an all-hands approach to realizing our vision that by achieving racial equity, Milwaukee is the healthiest county in Wisconsin. Together we will dismantle institutional racism in our organization and build up policies, practices and a culture that ensures race no longer predicts health outcomes, and outcomes for everyone improve.

5.1 WHY WE NEED TO USE A RACIAL EQUITY LENS

To ensure racial equity is addressed and race no longer predicts health outcomes for constituents in Milwaukee County, decisions will need to be based using a racial equity lens. A racial equity lens helps us assess how our resources are distributed. For decades, governments have allocated and reallocated funding in similar cycles without doing as much due diligence on the ground to understand potentially unintended consequences. That doesn’t mean money has been spent incorrectly, and it doesn’t mean that money should not have been spent. But when you go to a neighborhood on the South side, and a similar neighborhood on the North side, it is very clear where resources have been a constant and where they have not.

We are not looking to swap or to take away one for another… we are just looking at the best way forward to ensure all communities have access to what their government is supposed to be there to provide.

Doesn’t all this mean you’re going to shift resources to some communities and away from others?

In short, when a tide rises it lifts all boats. To lift the tide in Milwaukee County, we are allocating our limited resources to residents and communities, those deemed most in need. Directing these resources where they traditionally have not been directed before will strengthen the communities who may have a stronger need for resources/basic services. In targeting these resources, all of Milwaukee County will thrive.

5.2 HOW WE’LL USE A RACIAL EQUITY LENS

Applying a racial equity lens is not a one-size-fits-all approach. It requires a nuanced understanding of specific contexts and issues and may involve different strategies in different situations. The goal is to address historical and ongoing injustices and create a more inclusive and equitable society for everyone.

That means for every investment and every cut, departments take into consideration which populations would benefit and which would be burdened. This process involves important community feedback and the use of results-based data. The County’s budget process uses racial equity criteria. In Fiscal Year 2020, that criteria which helped us to preserve transit routes for people without access to other forms of transportation, promote long-overdue investment in playgrounds that have not historically received resources, and the creation of a central “No Wrong Door” location so residents seeking multiple County services can access them in one turn.

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5.3 HOW WE’LL ACHIEVE EQUITY

To implement and sustain racial equity work, will need your support. We are going to focus on what we can change:

5.3.1 Bringing more diverse voices into the decision-making process.

5.3.2 Welcoming in more public participation.

5.3.3 Building a more diverse and inclusive workforce at every level of government.

Working through this process, we know we’ll need to use a racial equity lens to evaluate our policies, practices, and workplace culture. The work of racial equity is ever evolving, but together we will change them.

In 2019, Milwaukee County was the first government in the United States to declare racism a public health crisis. In 2020, Milwaukee County established a strategic goal of achieving racial equity to make Milwaukee County the healthiest county in Wisconsin and with the mission of enhancing the quality of life in Milwaukee County through great public service.

This strategic goal includes three strategic focus areas and nine strategy objectives. See Figure 5-1: Milwaukee County's Strategic Focus Areas & Strategy Objectives.

Figure 6-1: Milwaukee County's Strategic Focus Areas & Strategy Objectives

Using the Health and Equity Framework (Figure 6-2: Health & Equity Framework) as a guide, Milwaukee County’s strategic plan focuses on addressing the root causes of racial inequities.

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Addressing the root causes that are contributing to inequities in the community will make sustainable, transformational change to the way our government does business, thereby driving Milwaukee County toward the vision of being the healthiest county in Wisconsin.

Figure 6-2: Health & Equity Framework

First, every service the County provides is given a county health ranking to which the service is best aligned. See Figure 6-3: County Health Ranking.

Figure 6-3: County Health Ranking

Category Explanation

Social and Economic This service most directly impacts residents’ education, employment, income, family and social support, and/or community safety

Health Behaviors This service most directly impacts tobacco use, diet and exercise, alcohol and drug use, and/or sexual activity.

Clinical Care This service most directly impacts access to care and/or quality of care

Physical Environment This service most directly impacts air and water quality, housing, and/or transit

All This service impacts all the above

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Not applicable This service does not align to one of the areas above

Then, each service is assigned a category of the Health and Equity Framework to which the service is best aligned. See Figure 6-4: Health and Equity Framework Categories.

Figure 6-4: Health and Equity Framework Categories

Category Explanation

Power to Make Change Addresses through wide ranging policies issues such as racial equity, upstream investment, and diverse and inclusive communities

Institutional Practices Addresses inclusive culture, supplier diversity, aligns services to needs, breaks down silos, improves fiscal health

Living Conditions Addresses and improves living conditions through social, economic, health, clinical services

Next, Services are aligned to one of the categories of prevention. See Figure 6-5: Categories of Prevention.

Figure 6-5: Categories of Prevention

Level of Prevention Explanation

Primary

This service is implemented before there is evidence of a disease or injury.

Intent: Reduce or eliminate causative risk factors.

Example: Encourage exercise to prevent obesity. Not specific to individuals; target communities; pre-disease/risk factors

Secondary

This service is implemented after a disease has begun but before it is symptomatic.

Intent: Early detections through screening and treatment.

Example: Check body mass index at every check-up to identify individuals who are obese.

Programs are specific to individuals; target communities; pre-disease/risk factors

Tertiary

This service is implemented after a disease has begun.

Intent: Prevent bad things from getting worse.

Example: Help obese individuals lose weight to prevent progression to more severe consequences

Not Applicable These categories do not apply to this service

And finally, Departments select how each service aligns to the following community impact measures the County is tracking to access population health for Milwaukee County. See Figure 6-6: Community Impact Measures.

Figure 6-6: Community Impact Measures

Impact Measures Explanation

Life Expectancy This service increases quality and/or length of life of Milwaukee County residents.

Employment Rate This service increases the ability of Milwaukee County residents to find and maintain employment.

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Housing This service reduces the number of people in Milwaukee County looking for housing and/or experiencing homelessness.

Not Applicable None of the above.

All All of the above.

6 WHAT WE EXPECT FROM OUR VENDORS

The County expects our Vendors to meaningfully engage with the County’s vision of becoming the healthiest county in Wisconsin by achieving racial equity – both as mission-critical partners whose Services have direct impacts on our constituents’ health outcomes, and as a vendor partner whose business practices align with the County’s vision. We expect our Vendors to behave in an equitable, honest, safe, and responsible way.

6.1 VENDOR CONDUCT

Milwaukee County’s Vendors represent County government and must ensure their actions and the actions of their personnel are in alignment with the County’s mission, vision, and high standards for integrity, professionalism, and service.

At a minimum, the County expects that its Vendors will:

6.1.1 Hold themselves to the highest standards of integrity and ethical behavior in their interactions with County staff, other County Vendors, legislators and holders of political office, the press, and the public.

6.1.2 Provide their services and communicate with culturally competent professionalism, active listening, a collaborative and team-oriented approach, and dedication to world-class customer service and continuous improvement.

6.1.3 Engage in the work of racial and health equity through the provision of their services and through their personnel assigned to work at County sites, regardless of whether or not the work is part of their overall business plan and approach.

6.1.4 Act as a mentor to any of its Targeted Business Enterprise partners by providing advice, guidance, and assistance in delivering the services or goods required under the contract.

At a minimum, the County expects that its Vendors will not:

6.1.5 Behave, or allow its personnel to behave, in a manner that is aggressive or threatening, coercive, harassing, or discriminatory toward County staff, other County Vendors, legislators and holders of political office, the press, and the public.

6.1.6 Use offensive or harassing language, including the use of derogatory terms for, or directed towards, any marginalized group while performing the services or working with County staff or other Vendors.

6.1.7 Intentionally or unintentionally place unnecessary burdens on its Targeted Business Enterprise partners or cancel contracts with TBE partners without documented efforts to mentor and improve the TBE’s ability to provide the services or goods required under the contract.

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6.1.8 Engage in any form of lobbying, proselytizing, political activism, or other effort to influence members of County government or the public to accept or adopt a particular political, religious, or social position or belief.

6.1.9 Intentionally misrepresent facts regarding its ability to perform the services or provide the goods required under the contract, its experience and credentials, or the experience and credentials of its personnel.

6.1.10 Intentionally withhold information about the provision of goods or services under the contract from the County for any reason.

6.2 CULTURALLY COMPETENT SERVICES

Cultural competence is a concept developed and defined by various organizations and experts in fields such as healthcare, education, social services, and diversity training that refers to the ability to effectively interact, understand, and work with individuals from diverse cultural backgrounds. It involves having knowledge, awareness, and skills to navigate and respect cultural differences, including beliefs, values, practices, and communication styles. Cultural competency emphasizes the importance of valuing diversity, promoting inclusivity, and adapting one's approach to meet the unique needs and preferences of individuals from different cultures.

The County expects its Vendors to perform research on the populations within Milwaukee County impacted by its Services and make meaningful efforts to understand how to provide culturally competent services to those populations. We expect our Vendors to perform their contract responsibilities in a way that upholds the public trust, demonstrates good faith efforts to engage in racial equity work, and engenders a positive working relationship and culture between the Vendor and the County and between the Vendor and other County Vendors.

The County expects that Vendors will act in good faith and in compliance with these requirements and will not behave in a manner that results in constituent or County staff complaints about the quality of goods or services delivered, the behavior and/or professionalism of the Vendor’s staff, or the overall value of the contractual relationship.

6.3 INCREASING SPEND WITH MARGINALIZED BUSINESSES

The County relies on its Vendors to meaningfully engage with Targeted Business Enterprise partners in the provision of goods and services to increase the County’s spend with these marginalized businesses.

Figure 6-1: Milwaukee County's Strategic Focus Areas & Strategy Objectives shows the County’s three strategic pillars: Creating Intentional Inclusion, Bridging the Gap, and Investing in Equity. TBE partnerships advance pillars 1 and 3 by:

6.3.1 Increasing the number of County contracts awarded to minority and women owned businesses.

6.3.2 Helping to create and nurture an inclusive culture across Milwaukee County.

6.3.3 Dismantling barriers to diverse and inclusive communities.

The County expects that its Vendors will actively engage in the TBE partnership. It is not enough for Vendors to meet the TBE goal by dedicating a certain amount of contract spend to the TBE partner. Vendors must engage in TBE partnerships that increase the TBE vendor’s capacity, industry knowledge and experience, and overall competence to provide the goods and services. Vendors are expected to collaborate with and mentor TBE partners and should not cancel TBE contracts or “exchange” TBE partners without a significant documented attempt to help rehabilitate the relationship or improve service delivery.

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6.4 NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AFFIRMATIVE

ACTION

In addition to its policy regarding racial equity, Milwaukee County requires all its Vendors to support and demonstrate evidence of non-discrimination, equal employment opportunity, and affirmative action programs. Offerors must complete and submit an EEOC Compliance Form.

Offerors shall not discriminate against any employee or applicant for employment because of race, color, national origin or ancestry, age, sex, sexual orientation, gender identity and gender expression, disability, marital status, family status, lawful source of income, or status as a victim of domestic abuse, sexual assault or stalking, including, but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeships.

Upon award of the Contract, the winning Offeror will post in conspicuous places, available for employment, notices provided by the County that set forth the provisions of the nondiscriminatory clause. Any violation of this provision is cause for the County to terminate the Contract without liability for the uncompleted portion or for any materials or services purchased or paid for by the Offeror for use in completing the Contract.

The Offeror agrees to strive to implement the principles of equal employment opportunities through an effective affirmative action program. The winning Offeror agrees to certify its intent to meet this requirement prior to the award of the Contract.

The objective of the affirmative action program is to increase the utilization of women, minorities, individuals with disabilities, and members of other protected groups at all levels of employment in all divisions of the Offeror’s workforce, especially where these groups are, have been, or may have been under-utilized and under-represented.

The Offeror also agrees that in the event of any dispute as to compliance with these requirements, it is the Offeror’s responsibility to show that it has met all such requirements.

7 THE OFFICE OF ECONOMIC INCLUSION

A small-business owner, regardless the level of business experience and stage of development, is seeking ways to keep moving forward and to stay motivated to maintain the momentum of a positive controlled growth of their business.

On average Milwaukee County procures over $120 million per year in services, goods, and infrastructure projects.

Milwaukee County’s Office of Economic Inclusion (“OEI”) in the Department of Administrative Services (“DAS”) is responsible for implementing, monitoring and enforcing Milwaukee County Targeted Business Enterprise (“TBE”) and Small (“SBE”) and Disadvantaged Business Enterprise (“DBE”) programs in compliance with County Ordinances and Federal Regulations. The division promotes utilization of small businesses through community outreach efforts and participates in small business development, technical assistance initiatives and participates in small business seminars on effective business operations and contracting practices with the goal of increasing the overall economic viability of targeted, small, and disadvantaged businesses throughout Milwaukee County and the region.

OEI is a partner to small businesses. Our work includes a suite of products including the Small Business Development Program, the Revolving Loan Program, direct access to Milwaukee County department directors, information on potential contracts for most business sectors, and identifying procurement opportunities within the County for encouraging minority, women, and small business participation.

https://county.milwaukee.gov/EN/Administrative-Services/Office-of-Economic-Inclusion https://county.milwaukee.gov/EN/Administrative-Services

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To ensure that Disadvantaged Business Enterprise (DBE) and Targeted Business Enterprise (TBE) firms are afforded a level playing field in participating on all Milwaukee County procurement contracts, the OEI develops goals, monitors contract payments, and enforces Milwaukee County ordinances.

OEI’s main functions include:

• Certifying socially and economically disadvantaged individuals’ businesses under the federal DBE program and Milwaukee County’s TBE program.

• Certifying small business enterprises (“SBE”) for the County’s TBE program.

• Maintaining an active directory of all certified firms.

• Monitoring contracts ensure primes meet contractual DBE and TBE participation goals.

• Submitting routine reports to the Milwaukee County Board of Supervisors, the Federal Aviation Administration (“FAA”) and the Federal Transportation Administration (“FTA”) on DBE and TBE participation associated with Federal and Milwaukee County spend.

OEI uses B2Gnow to review contracts and receive and monitor prime and subcontractor payments. Primes must report subcontractor payments using B2Gnow to enable OEI to accurately track and report on payments and contract compliance.

8 TARGETED BUSINESS ENTERPRISES

8.1 MILWAUKEE COUNTY TBE PROGRAM

For projects that are not funded by U.S. DOT, FTA or FAA, Milwaukee County has a TBE program. The TBE program widens the pool of potential minority, women, and small business enterprises to contract services with. A definition of a TBE is any company that is certified as a DBE under WisUCP, certified as a minority- or women-owned business with the State of Wisconsin Department of Administration (Diversity Supplier Program), SBE Certified by Milwaukee County or registered as a small business in the SBA SAM registry.

A TBE business is a for profit entity as a DBE, minority, women, or small business and must be certified or registered with at least one of the following:

8.1.1 ACDBE/DBE certified by the WisUCP (Milwaukee County, City of Madison, WisDOT or Dane County)

8.1.2 MBE certified as a minority-owned business with the State of Wisconsin DOA

8.1.3 WBE certified as a women-owned business with the State of Wisconsin DOA

8.1.4 SBE registered (by federal size standards, NAICS and registered in SAM or SBE certified through

Milwaukee County (does not include SBE certification for City of Milwaukee or Milwaukee Metropolitan Sewerage District)

8.2 ELIGIBILITY CRITERIA & REGISTRATION

8.2.1 DBE/ACDBE/SBE CERTIFICATION PROGRAM

8.2.1.1 ELIGIBILITY REQUIREMENTS

To qualify as a DBE, ACDBE or SBE, Suppliers must meet the following criteria as defined in 49 CFR (Code of Federal Regulations):

8.2.1.1.1 Be a for-profit business.

8.2.1.1.2 Be socially or economically disadvantaged.

8.2.1.1.3 Small business must 51% owned by a socially and economically disadvantaged individual(s).

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8.2.1.1.4 Have control over business decisions.

8.2.1.1.5 Be a small-business enterprise according to SBA small business standards.

8.2.1.1.6 Have a personal net worth under $1.32 million.

8.2.1.2 CERTIFICATION PROCESS

Firms seeking DBE/ACDBE/SBE certification will need to complete an online application via the Diversity and Compliance Management System (B2G) portal. Applications are processed on a first come, first served basis.

Be advised that the certifying agency may take up to 90 days to process DBE, ACDBE or SBE applications.

We ask that you provide as much of the documentation that is requested to avoid delays in the application process.

If there is any information missing, you will receive an email notification from your B2G account notifying you that your application is on hold. Response time to the request is crucial in the timely processing of your application.

If you are submitting a Bid or RFP and certification has not been obtained, firms will need to provide proof/evidence that their certification application is in process prior to the RFP submission date. Please note that credit for participation cannot be counted until after the firm has been certified. Any work done prior to certification/registration will not be counted. Also, should the firm not receive certification, the prime remains responsible for any assigned goals and may incur penalties for not meeting the supplied goal.

8.2.2 TBE PROGRAM

8.2.2.1 REGISTRATION PROCESS

To register as a Targeted Business Enterprise (TBE), we ask that you submit proof that you are a certified agency through the Wisconsin Supplier Diversity Program as an MBE/WBE or that you are a firm registered with Sam.gov as a Small Business Enterprise. Your certification/registration must be active at the time of submission.

Please note that you will have to renew your TBE registration as you would your certification/registration when it is about to expire.

If your firm is actively certified as a DBE/ACDBE in Wisconsin or certified as SBE by Milwaukee County, your firm is covered by the TBE umbrella and there is no need to register.

For questions regarding to certification and/or the process, please submit inquiries to oeicertification@milwaukeecountywi.gov or call the Office of Economic Inclusion at 414-278-4747.

9 RFP AND CONTRACTING REQUIREMENTS

The award of an RFP and any resulting Contract are conditional. Awards and Contracts are granted based on the Offeror’s good faith efforts in achieving the project’s Targeted Business Enterprise participation goal identified in the RFP document.

The TBE goal is represented as a percentage of the total contract value for all contracted years.

To be considered for an opportunity, Offerors must:

• Agree to abide by the DBE/TBE provision included in all County contracts.

• Agree to increase the DBE/TBE participation on a contract proportionally, when applicable, if work increases on an awarded Contract in the form of change orders, addendums, etc.

• Submit a Subcontractor/Sub-consultant/Supplier Information Sheet (TBE-02) with their Proposals, listing all sub-consultants.

https://mke.diversitycompliance.com/?TN=mke https://mke.diversitycompliance.com/?TN=mke mailto:oeicertification@milwaukeecountywi.gov

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• Submit a signed Commitment to Contract with TBE (TBE-14) form for EACH of the TBE firms included to meet participation. TBE-14 form(s) must identify:

o the TBE firm by name and address, o the scope of service(s) to be provided, o the dollar amount and o the percentage.

9.1 HOW TO PARTICIPATE

Suppliers may participate in the TBE program in several ways. The most important thing to remember about participation is that ALL TBE PARTICIPATION MUST BE COMMERCIALLY USEFUL TO THE PROJECT.

“Commercially Useful” means that the goods or services provided by the qualifying TBE participant are a direct function of the scope of services described in the solicitation.

You can meet the TBE requirement by:

9.1.1 Identifying yourself as a certified TBE Supplier who intends to perform a minimum of the required TBE participation for the solicitation (Self-Performance).

9.1.2 Engaging in a joint venture with one or more certified TBE Suppliers.

9.1.3 Subcontracting with one or more certified TBE suppliers.

9.1.4 Making second-tier purchases from one or more certified TBE Suppliers.

You may select and establish relationships with any certified TBE Supplier(s) you choose to meet the TBE requirements of a solicitation, if you provide proof of the TBE’s certification and evidence that the TBE agrees to participate in the project with you as identified in your submitted TBE-14 form. You may also contact OEI for assistance with identifying eligible TBE participants.

9.2 LOCATING DBE / TBE FIRMS FOR COUNTY CONTRACTS

There are several ways to search for eligible DBE/TBE firms that may meet the participation goals assigned to County contracts:

9.2.1 SEARCH DIRECTORIES FOR FIRMS ELIGIBLE FOR CREDIT

Disadvantaged Business Enterprises (DBE) http://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/certified-firms.aspx Minority and/or Women Business Enterprises (MBE, WBE) https://wisdp.wi.gov/Search.aspx

Milwaukee County Small Business Enterprises (SBE) https://mke.diversitycompliance.com/Default.asp

SAM Directory for Federal Small Business Enterprises (SBE) https://www.sam.gov/SAM/pages/public/index.jsf

9.2.2 REQUEST A LIST OF FIRMS FROM OEI

http://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/certified-firms.aspx https://wisdp.wi.gov/Search.aspx https://mke.diversitycompliance.com/Default.asp https://www.sam.gov/SAM/pages/public/index.jsf

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Offerors may request a list of certified TBE/DBE firms by emailing the Office of Economic Inclusion and providing the following information:

9.2.2.1 The NAICS codes for the work scope of the RFP you are proposing on. If you need to search NAICS codes and view their descriptions, please visit Census.gov, click on the white header that says NAICS Codes, and perform a search in the text box.

9.2.2.2 The RFP number and title.

9.2.2.3 Your organization’s contact information to allow OEI to reach out to you.

Submit your request to OEICertification@milwaukeecountywi.gov.

Please allow ample time for OEI to complete the request. The County strongly recommends that Offerors make their request a minimum of two (2) weeks prior to the closure of an RFP to ensure the Offeror has enough time to negotiate a contractual relationship with the DBE/TBE and receive signatures on the required TBE forms.

OEI encourages Offerors to use the Diversity and Compliance Management System to search for firms if OEI staff is not able to perform the search.

9.3 DEMONSTRATING COMPLIANCE

9.3.1 DBE / TBE FORMS

Each Offeror must complete the appropriate DBE/TBE14 forms and submit the completed forms with their Proposal on the due date. Offerors must prepare and submit a TBE-14 commitment form for each TBE firm they propose to use.

This is an important step in the process as proposers are completing this form with information related to the TBE firm(s) that they plan to use on the contract. It is crucial to ensure the firms you plan to utilize have the proper work codes listed in the North American Industry Classification System (NAICS) that are assigned to their certification.

Please make sure the forms are complete with signatures making sure the dates flow in with the prime contractor signing first and subcontractor signing last. Often, this information is incomplete or missed and it could cause the proposal to be rejected or denied. Please make sure these forms are completed accurately and in full.

Self-performing primes will still need to complete the TBE-14 form. Any small, women, or minority owned businesses that are looking to propose this as a prime contractor, will need to complete the TBE-14 form for the firm to count toward participation.

9.3.2 GOOD FAITH EFFORT FORMS

If the proposer/bidder is not able to meet the goal on a project/contract because DBE/TBE searches are to no avail, there is an option to complete a Good Faith Effort Form (DBE/TBE01). The Good Faith Effort (GFE) form will document all the steps and effort that you made to meet participation but were unsuccessful. Please attach any supporting documents such as:

emails, ads placed, list of phone calls (contact name, dates & times) and any other documentation that you feel would substantiate your research and inability to locate DBE/TBE firms and submit with the proposal.

The GFE submitted with the proposal is reviewed and is weighed against other proposals, including those that may have met or exceeded the participation goal assigned to the project/contract. Please note that a GFE may be denied in the mailto:OEICertification@milwaukeecountywi.gov

17 | P a g e circumstance that other proposers have identified TBE firms to work on the contract/project. Be sure that the firm(s) you are planning to use on the contract, have the proper NAICS codes listed in their certification/registration record, that allow them to do the proper work on the project.

For more information on the Good Faith Effort, please contact the OEI Compliance area at oeicompliance@milwaukeecountywi.gov.

10 EVALUATING PARTICIPATION; CONTRACTUAL OBLIGATIONS

10.1 HOW THE COUNTY EVALUATES TBE PARTICIPATION

The commitment percentage is the key indicator of TBE participation in a competitive solicitation.

Proposals are scored on a Pass/Fail basis. Proposals that meet or exceed the required participation percentage, or which submit a legitimate Certificate of Good Faith Efforts that is accepted by OEI, will receive a “PASS”. Proposals that do not meet the required participation percentage or show good faith efforts accepted by OEI will receive a “FAIL.”

If you choose to utilize multiple TBE partners in your Proposal, the sum of the percentages assigned to each TBE partner MUST equal or exceed the minimum percentage stated in the solicitation.

10.2 CONTRACTUAL OBLIGATIONS

The winning Offeror (“Awardee”) is contractually obligated to meet the TBE goal and to follow the participation plan it provides in the TBE-14 form(s). Milwaukee County reserves the right to conduct compliance reviews and request, both from the Vendor and TBE subcontractor(s), documentation that indicates the level of compliance. If the Vendor is not in compliance with the solicitation’s requirements, contract requirements, or TBE participation plan as stated, the County will notify the Vendor in writing of the corrective action that will bring the Vendor into compliance. If the Vendor fails or refuses to take corrective action as directed, Milwaukee County may take one or more of the actions listed below:

10.2.1 Terminate or cancel the contract, in whole or in part.

10.2.2 Suspend the Vendor from participation on future competitive solicitations for a period not to exceed three

(3) years.

10.2.3 Impose other appropriate sanctions, including withholding any retainage or other contract payments due which are sufficient to cover the unmet portion of the TBE goal, where the failure to meet the goal is the result of a finding by the OEI of bad faith action by the Vendor.

10.2.4 If the Vendor has completed its contract, and the goal was not met due to an absence of good faith on the part of the Vendor, the proper measure of damages for non-compliance shall be the dollar amount of the unmet portion of the TBE goal. The County may in such case retain any unpaid contract amounts and retainage otherwise due the Vendor, up to the amount of the unmet goal. If insufficient funds remain in the mailto:oeicompliance@milwaukeecountywi.gov

18 | P a g e contract account to compensate the County up to that amount, Milwaukee County may bring suit to recover damages up to the amount of the unmet goal.

11 REPORTING & COMPLIANCE

The requesting Department is responsible for entering the negotiated contract into B2Gnow for payment monitoring and tracking, to ensure prompt payment, and to audit assigned participation for compliance with the terms and conditions of the RFP and contract.

The Awardee (also called the “Prime”) is responsible for:

10.3 Submitting each of its DBE/TBE partner subcontracts0F

1 to the Office of Economic Inclusion for review before the Awardee’s subcontractors can be approved in B2Gnow.

10.4 Entering subcontractors into the contract record in B2Gnow.

10.5 Reporting payments received by Milwaukee County monthly (whether payment was received or not).

10.6 Alerting the project manager and the Office of Economic Inclusion of changes in subcontractor assigned to the project.

Subcontractors (DBE/TBE partners) are responsible for confirming payment amounts received by the Prime.

12 USING B2GNOW

Offerors whose organizations are certified as a DBE/ACDBE/SBE or registered as a TBE and TBE partners to proposing Primes are not required to create an account or register. These Offerors’ organizations will be linked to the contract record by the awarding Department or compliance area.

The County recommends that Offerors who don’t qualify for or don’t presently have SBE, DBE or ACDBE certification or are not certified or qualified to be certified as TBEs and are not familiar with the Diversity & Compliance Management System (B2GNow) create an account in B2GNow and register as a Prime vendor.

Once logged into the B2GNow system, users can access training videos and manuals that will help them understand how to navigate and use the system. The Office of Economic Inclusion provides training documents pertaining to prime and subcontractor entries for payment reporting.

13 CONTACTING OEI

If you have any issues with contractor and subcontractor payment reporting, please reach out to your project manager and/or oeicompliance@milwaukeecountywi.gov.

Contact Information Lamont Robinson, Director 414-278-4749 lamont.robinson@milwaukeecountywi.gov

1 TBE-14 forms cannot be used in lieu of submitting subcontractor contracts. The TBE-14 forms are only a commitment of participation and do not speak to contractual terms such as bonding, insurance, prompt payment, disputes, terminations, etc.

mailto:oeicompliance@milwaukeecountywi.gov mailto:lamont.robinson@milwaukeecountywi.gov

19 | P a g e

Shirlean Clayton, Certification Manager 414-278-4613 Shirlean.clayton@milwaukeecountywi.gov Jenine Eilers, Contract Compliance Manager 414-278-4715 Jenine.eilers@milwaukeecountywi.gov Marina Borges, Contract Compliance Analyst 414-278-4728 Marina.borges@milwaukeecountywi.gov mailto:Shirlean.clayton@milwaukeecountywi.gov mailto:Jenine.eilers@milwaukeecountywi.gov mailto:Marina.borges@milwaukeecountywi.gov