5-MWBE Forms 2024.pdf

PORTSMOUTH PUBLIC SCHOOLS

M/WBE PROGRAM POLICY

DOCUMENTATION OVERVIEW

Form Submission Requirements

Required Form

M/WBE Utilization Commitment Lists the total dollar amount of such participation by M/WBE subcontractors and suppliers the Vendor will use on the project.

Due with bid/proposal Form A

Listing of Good Faith Efforts (GFE) Indicates the actions you undertook to recruit and solicit minority vendors, subcontractors, vendors, or suppliers for this project and/or other aspects of the company's business.

Due with bid/proposal if goal is not met (if subcontracting or purchasing supplies/materials)

Form A and Form B

Statement of Intent to Perform Contract with Own Workforce Indicates that the vendor does not customarily subcontract elements of this type project, normally performs all elements of work on this project with his/her own current work force AND will not purchase any materials or supplies in the performance of the contract.

Due with bid/proposal (self-performing and not purchasing supplies/materials).

Form C

Letter of Intent to Perform as a Subcontractor or Sub consultant Identifies minority participation will be used on the project.

Form D is signed by the M/WBE

Within three (3) business days after notification of being the apparent low bidder. Must match firms listed on Form A.

Form D

Documentation for All Payments to Subcontractors, Suppliers, and Service Providers Contractor shall provide with each pay request to the School Board all payments to contractors, subcontractors, supplies and service providers.

Must submit with each pay request and final payment.

Form E

Subcontracting Opportunities Vendors provide a list of the areas in which the vendor sought subcontractors and vendors.

Due with GFE documentation when requested.

Form F

Justification for Utilizing a Cooperative Contract Form PPS Administration action. Form G

FORM A-M/WBE UTILIZATION COMMITMENT

I, ________________________________________________ Bid # __________________ do hereby certify that on this project, we will use the following minority or woman-owned business enterprises as subcontractors, vendors, suppliers or providers of professional services.

MWBE Business Name and Address

Phone Number

*MWBE

Category

Work Description Dollar Value

*M/W/SBE categories: African American (B), Asian American (A), Hispanic (H), Native American (N), Woman (W)

The total value of M/WBE contracting will be $________________________.

This form may be reproduced.

Revised October 2023

FORM B – LISTING OF GOOD FAITH EFFORTS

Attach FORM B to the Bid/Proposal if goal is not attained

Affidavit of

(Name of Vendor) I have made a good faith effort to comply under the following areas checked. Vendors must earn at least 50 points from the Good Faith Effort list for their bid to be considered responsive.

1 – Notification of Subcontracting Opportunities (10 Points) vendor must provide to the School Board or their designee a list of the areas in which the bidder sought subcontractors and suppliers.

2 – M/WBE Contact (10 pts) Contacted M/WBE businesses that reasonably could have been expected to submit a quote, for the areas the vendor intends to subcontract or purchase supplies at least ten (10) days before the solicitation response due date and notified them of the nature and scope of the work to be performed.

3 - Making Project Documents Available (10 pts) Made the construction plans, specifications, and requirements available for review by prospective M/WBE businesses, or providing these documents to them at least ten (10) days before the bids are due.

4 – Breaking Down Work (15 pts) Broken down or combined elements of work into economically feasible units to facilitate M/WBE participation.

5 – Working with M/WBE Assistance Organizations (10 pts) Worked with minority and women trade, community, or contractor organizations identified by the School Board and included in the bid documents that provide assistance in recruitment of minority businesses.

6 – Attend or Host Pre-Bid Meeting (10 pts) Attended pre-bid meetings scheduled by the School Board or conduct a pre-bid meeting for M/WBE within five (5) days of the bid opening.

7 – Bonding or Insurance Assistance (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors or sub consultants.

8 – Negotiate in Good Faith (15 pts) Negotiated in good faith with interested M/WBE businesses and did not Reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. Provide the names of the M/WBE businesses and Email addresses.

9 - Financial Assistance (25 pts) Provided assistance to an otherwise qualified M/WBE business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted M/WBE businesses in obtaining the same unit pricing with the bidder's suppliers in order to help the M/WBE businesses in establishing credit.

10 – Joint Ventures (20 pts) Negotiated joint venture and partnership arrangements with M/WBEs in order to increase opportunities for M/WBE participation when possible.

11 – Quick Pay Agreements (20 pts) Provided quick pay agreements and policies to enable M/WBE to meet cash-flow demands.

12 – M/WBE Participation on Non-PPS Contracts (15 pts) The Bidder must document that during the eighteen

(18) month period before Bid Opening, the Bidder paid M/WBEs on non-School Board contracts.

In accordance with Policy the undersigned will enter into a formal agreement with the firms listed on the Minority, and Women, Business Utilization Commitment schedule conditional upon execution of a contract with the Owner. Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the Minority, and Women Business Enterprise commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: ___________________ Name of Authorized Officer: _______________________________

Signature: _______________________________________________ Title: ___________________________________________________

SEAL State of __________________, County of _____________________ Subscribed and sworn to before me this ____day of _________20

Notary Public My commission expires: ______________

FORM C

STATEMENT OF INTENT TO PERFORM WORK WITHOUT SUBCONTRACTING

Attach this form to the Bid/Proposal Affidavit of _____________________________________________________________________

(Name of Bidder/Offeror)

I hereby certify that it is our intent to perform 100% of the work required for the below listed contract.

(Name and Number of Solicitation)

In making this certification, the Bidder/Offeror states that the Bidder/Offeror does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and

The Bidder/Offeror shall provide documentation related to past projects in which their company has provided similar services utilizing its own workforce over the past three (3) years. Please provide the name of the companies and the email addresses. This information is being requested in support of the above statement to validate the capabilities of completing such work without use of any subcontractors. Also, list contract experiences with certified M/WBE businesses in other aspects of your company’s business, their name and contact information, status as to whether they are woman or minority owned, what work/services were performed and the amount paid of the contract and/or the services and goods provided.

The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained.

Date: _______________________ Name of Authorized Officer: _______________________________ Signature: _______________________________________________ Title: ___________________________________________________

SEAL

State of _____________., County of ____________________________ Subscribed and sworn to before me this _______day of ________________ 20 ___ Notary Public My Commission Expires: _____________________

FORM D – LETTER OF INTENT TO PERORM AS A SUBCONTRACTOR OR SUBCONSULTANT

(PROVIDE MATERIALS &/OR SERVICES)

Project Name________________ Project/Bid #___________ Name of Prime Bidder/Proposer:

Address:

Street City State Zip Code

Telephone: ______________ Fax: ________________Email: ___________________

Name of Certified Vendor:

The undersigned intends to perform work in connection with the above project as

Minority Business Enterprise Women's Business Enterprise

The M/WBE status of the undersigned is/is not certified by the Commonwealth of Virginia’s Department of Minority Business Enterprise (DMBE) Our SWAM certification number is

The undersigned is prepared to perform the following described work or provide materials or services in connection with the above project (specify in detail particular work items, materials or services to be performed or provided):

Description of work to be performed by certified vendor:

Subcontracting at any tier must be reported and is subject to all M/WBE compliance requirements. This form shall be used for M/WBE subcontracting at any level.

Date: ____________________

(Name & Phone No. of M/WBE Company)

(Title of Authorized Officer) (Signature)

Email Address: ___________________________________________________________________

THE PRIME CONTRACTOR OR ARCHITECT MUST GET THIS FORM

COMPLETED BY THE SUBCONTRACTORS/SUPPLIERS

FORM E – DOCUMENTATION FOR ALL PAYMENTS TO SUBCONTRACTORS,

SUPPLIERS AND SERVICE PROVIDERS

Prime Contractor/Architect:

Address & Phone:

Project Name: _____________________________________________________________

Pay Application #: Period: ___________________________

Current Requested Payment Amount: _______________________________________________

The following is a list of payments to be made to all contractors/suppliers & other providers on this project for the above-mentioned period.

Firm Name and Address *M/WBE Category

Amount to be Paid form this pay Request

Total Payments to date

Total Amount Committed

*M/W/SBE categories: African American (B), Asian American (A), Hispanic (H), Native American (N), Woman (W)

Date:_________________________ Approved/Certified By: __________________________________ Name

Title

Signature

THIS DOCUMENT MUST BE SUBMITTED WITH EACH PAY REQUEST & FINAL PAYMENT**

FORM F – SUBCONTRACT/PURCHASE OPPORTUNITIES

Prime Contractor/Architect:

Address & Phone:

Project Name:

The following is a list of subcontract/purchase opportunities our firm made available to contractors/suppliers & other providers on this project.

NAICS Code Description of work