6-UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES.pdf

UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES

The Board of Education of the City of St. Louis is committed to providing minority and women- owned business enterprises (“M/WBE”) with an equal opportunity to do business with the St. Louis Public School System.

The Board of Education has adopted the following goals to address equitable M/WBE involvement in its Capital Improvements Programs:

25% of Contracts to Minority Owned Businesses 5% of Contracts to Female Owned Businesses 25% of Field Employment to Minorities and/or Females (Project over $1M)

The achievement by bidders of the M/WBE participation goals and/or submission of documentation of efforts to obtain M/WBE participation will be a consideration in the award of a contract.

I. DETERMINATION OF M/WBE PARTICIPATION

A. The total dollar value of the contract or subcontract awarded or to be awarded to a certified M/WBE is counted toward achieving the goal. In order to qualify for consideration as a M/WBE firm, a firm must be certified by one of the following:

City of St. Louis - Business Diversity Development (BDD) State of Missouri - Missouri Office of Equal Opportunity (MOEO)

The Board of Education then will make its own determination which shall be final as to M/WBE certification of a firm.

B. The portion of the total dollar value of a contract awarded to a joint Venture shall be equal to the percentage of the ownership of the M/WBE in the joint venture is counted toward the goal. However, this percentage will only apply for non-subcontracted work.

For a joint venture involving an M/WBE firm and a non-M/WBE general contractor, the general contractor may count towards the MBE/WBE goals only the M/WBE percentage of the non-subcontracted work to be directly self-performed by the joint venture.

C. Thirty percent (30%) of expenditures for materials and supplies obtained from an

M/WBE supplier and one hundred percent (100%) of such expenditures from an M/WBE manufacturer or dealer certified as such by the Business Diversity Development, Missouri Office of Equal Opportunity or Women Business Enterprises National Council are counted toward the goal.

II. BIDDING PROCEDURE

A. Bidder shall submit the “Statement of M/WBE Participation” form included in this document as part of the Bid Proposal. If the Bidder is an M/WBE firm, Part I should be completed. This form cannot be changed after the bid opening without approval of the Board of Education. Any firm being considered for removal from this list must submit written confirmation to the Saint Louis Public Schools Procurement Department requesting such removal. This statement, if accepted by the Board of Education, will become a part of the contract documents.

B. All Bidders shall submit the “Statement of M/WBE Participation” form included in this document as part of the Bid Proposal. Failure to complete this form in its entirely will be cause for rejection of the bid. This form cannot be changed after the bid opening without approval from the Board of Education. Any firm being considered for removal from the list must submit written confirmation to the Saint Louis Public Schools Procurement Department requesting such removal.

III. EVALUATION PROCEDURES

A. After the bid opening, the low bidder and the second bidder shall re-evaluate and confirm

M/WBE firms to be used on the project. A confirmed “Statement of M/WBE Participation” signed by an officer of the company shall be submitted to the Saint Louis Public Schools

Procurement Department, before 12 P.M. on the second (2nd), working day after the bid opening. This statement, if accepted by the Board of Education, will become part of the contract documents.

A. If the utilization goals are not satisfactorily addressed, the efforts related to securing M/WBE participation will be evaluated by the Board of Education, taking into account, among other things, the following:

1. Comparison with M/WBE participation in other bid proposals.

2. Evaluation, including review of pertinent documents, of a bidder’s good faith effort of solicitation and follow-up to obtain M/WBE bids.

3. When the MBE and WBE participation goals cannot be met the bidder shall document and submit justification as to why the goal(s) could not be met and demonstrate the good faith efforts taken to meet the MBE and WBE participation goals, including but not limited to the following recommended efforts:

i. Efforts made to break down contracts and portions of work into economically feasible units such that the MBE/WBE utilization goals can be met.

ii. Written notification to disadvantage economic development assistance agencies, organization, local, state and federal disadvantage business assistance offices, and other organizations which provides assistance in recruitment and placement of MBE/WBE’s on this project.

iii. Efforts made to negotiate with MBE’s and WBE’s for specific item(s) of Work including evidence on:

a. The names, addresses, telephone numbers of the MBE’s and WBE’s who were contacted, the dates of initial contact and whether solicitations of interest were followed up by contacting the MBE’s and WBE’s to determine with certainty whether the MBE or WBE is interested. Personal or phone contacts are expected; and

b. A description of the information provided the MBE/WBE’s regarding the plans and specifications and the work to be performed; and

c. A statement of why additional agreements with other MBE/WBE’s were not reached;

d. Documentation of each MBE/WBE contacted but rejected and the reason for the rejection.

iv. Examples made to assist the MBE/WBE’s that need assistance in obtaining bonding, insurance of lines of credit required by the contractor.

v. Documentation that qualified MBE/WBE’s are not available or are not interested.

vi. Examples of actions not acceptable for failure to meet the MBE/WBE goals are:

a. MBE/WBE unable to provide performance and/or payment bond.

b. Union versus non-union status.

c. Contactor would normally perform all or most of the work of the contract, or restricts solicitation only to those general groups of items which may be listed in proposal under such heading as “Items Subcontractable to MBE/WBE Firms.”

d. Solicitation by mail only.

vii. The demonstration of good faith efforts must, in the end, prove the contractor had actively and aggressively sought out MBE/WBE’s to participate in the project. All the information provided must be accurate in every detail.

The ability to achieve the M/WBE goals and the good faith efforts demonstrated will be used to evaluate each Bidder’s responsiveness.

The information provided will be evaluated to determine if the low bidder is responsive.

All information provided must be accurate in every detail. The apparent low bidder’s attainment of the MBE/WBE goals or the demonstration of good faith efforts will determine the award of contract.

Documentation of initial good faith efforts is to be submitted before 12:00P.M. on the second (2nd) working day after the bid opening to the Board of Education utilizing the Contractor’s Good Faith Effort Statement, and Contractor’s Good Faith Effort Report.

IV. CONTRACTOR VERIFICATION OF M/WBE PARTICIPATION

A. The Contractor will be required to submit the “Monthly M/WBE Report” describing amounts paid to M/WBE firms with each payment application.

B. Prior to the release of the final one percent (10%) of contract retainage, the

Contractor shall furnish a final Monthly M/WBE Report with supporting final lien waivers from all M/WBE firms used on the project. It is understood and agreed that in the event the total M/WBE participation on the project is less than that identified in the approved “Statement of M/WBE Participation” provided by the Contractor prior to commencement of the project, the Board of Education will suffer a loss which will be difficult or impossible to determine. As a result, a liquidated damage amount equal to the difference between the dollar amount of the proposed and approved M/WBE participation, and the actual dollar amount of M/WBE participation, will be paid by the Contractor. Such amount shall be deduction from the final retainage owed to the Contractor, and will not exceed an amount equal to one percent (10%) of the original contract amount. No such deduction will be made when the proposed and approved M/WBE participation is not met for reasons beyond the control of the Contractor.

Such determination is in the sole discretion of the Board of Education. The amount set forth above is agreed upon as liquidated damages, and not as a penalty.

C. Compliance with the twenty-five percent (25%) field employment goal will be monitored by the Saint Louis Public Schools Project Manager.

V. REPLACEMENT OF M/WBE FIRMS

A. The Contactor shall make good faith efforts to replace an M/WBE subcontractor, who is unable to perform satisfactorily, with another M/WBE subcontractor. Replacement firms must be approved by the Board of Education.

COUNTING M/WBE PARTICIPATION

The Saint Louis Public Schools (SLPS) district utilizes the following guidelines in determining the percentage of Minority/Women-Owned Business Enterprise (M/WBE) participation that will be counted toward the overall M/WBE goals for a prime contractor:

A. If a firm is not currently certified as an M/WBE at the time of the execution of the contract, the firm’s participation towards any M/WBE goal will not be counted.

B. The dollar value of work performed under a contract with a firm after it has ceased to be certified will not be counted toward the overall goal.

C. When an M/WBE participates in a contract, the value of the work actually performed will be counted as follows:

1. The entire amount of that portion of a construction contract that is performed by the M/WBE’s own forces. This includes the cost of supplies and materials obtained by the M/WBE for the work of the contract, including supplies purchased or equipment leased by the M/WBE (except supplies, and equipment the M/WBE subcontractor purchases or leases from the prime contractor or its affiliates).

2. The entire amount of fees or commissions charged by an M/WBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of the work, toward M/WBE goals, provided that SLPS determines the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services.

3. When an M/WBE subcontracts part of the work of its contract to another firm, the value of the subcontractor work may be counted toward M/WBE goals only if the M/WBE’s subcontractor is itself an M/WBE firm. Work that an M/WBE subcontracts to a non- M/WBE firm will not count toward M/WBE goals.

D. When an M/WBE performs as a participant in a joint venture, SLPS will count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the M/WBE performs with its own forces toward M/WBE goals.

E. SLPS will count expenditures of an M/WBE contractor toward M/WBE goals only if the

M/WBE is performing a commercially useful function on that contract:

1. An M/WBE performs a commercially useful function when it is responsible for the execution of the work of the contract and is carrying out its responsibilities by performing, managing, and supervising the work involved. To perform a commercially useful function, the M/WBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, installing (where applicable) and paying for the material itself. To determine whether an M/WBE is performing a commercially useful function, SLPS will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the M/WBE credit claimed for its performance of the work, and other relevant factors.

2. An M/WBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of M/WBE participation. In determining whether an M/WBE is such an extra participant, SLPS will examine similar transactions, particularly those in which M/WBEs do not participate.

3. If an M/WBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the M/WBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, SLPS will presume that it is not performing a commercially useful function.

4. When an M/WBE is presumed not be performing a commercially useful function as provided in this program, the M/WBE may present evidence to rebut this presumption.

SLPS may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices.

F. SLPS will count expenditures with M/WBEs for material or supplies towards M/WBE goals as provided in the following:

1. SLPS will count 100% of the cost of the materials or supplies toward M/WBE goals if the materials or supplies are obtained from an M/WBE manufacturer. For purposes of this paragraph, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the material, supplies, articles, or equipment required under the contract and of the general character described in the specifications.

2. SLPS will count 30% of the cost of the materials or supplies towards M/WBE goals if the materials or supplies are purchased from an M/WBE regular dealer. For purposes of this section a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles, or equipment of the general character described by the specifications and required under the contract are brought, kept in stock, and regularly sold to or leased to the public in the usual course of business.

To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question.

A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease and not on an ad hoe or contract-by- contract basis.

Packagers, brokers, manufactures’ representatives, or other persons who arrange or expedite transactions will not be considered regular dealers.

3. With respect to materials or supplies purchased from an M/WBE which is neither a manufacturer nor a regular dealer, SLPS will count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for delivery of materials or supplies required on a job site, toward M/WBE goals, provided that SLPS has determined the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. SLPS will not count any portion of the cost of the materials and supplies themselves toward M/WBE goals.

Note: All M/WBE firms must, as of the date bids are due, be certified as an MBE, WBE by at least one of the following certifying agencies:

City of St. Louis/ Business Diversity Development State of Missouri – Missouri Office of Equal Opportunity

A copy of the firm’s certifying letter must accompany the bid. If a company’s certification lapses before the closing out of the project, the firm must be recertified before the close of the project for its participant to be counted.

Finding an M/WBE Partner

The following agencies and organization may be of assistance in helping you find an M/WBE firm with the skills and or services you are looking for:

St. Louis Development Corporation ATTN: Minority Business Development 1200 Market Street St. Louis, MO 63103

(314) 622-4800

MOKAN

4666 Natural Bridge St. Louis, MO 63115 314-454-9675

City of St. Louis M/WBE Directory – Business Diversity Development (BDD) The city maintains a database of certified firms.

www.flystl.com/business-diversity-devleopment-1/directories State of Missouri- Missouri Office of Equal Opportunity (MOEO) The State of Missouri maintains a database of minority and women owned businesses.

https://apps1.mo.gov/MWBCertifiedFirms/

St. Louis Board of Education Monthly M/WBE Manpower Utilization Report

Contractor Name_____________________ Submitted for Month/Year of________

Subcontractor Name

_ School

% Complete

Job Categories Trade C d

Total

Black

Hispan

Other

Apprenti

On-th

M F M F M F M F M F M F Total Minority Acoustical Tilers 1 Brick Masons 2 Carpenters 3 Cement Mason 4 Ceramic Tile

Custodians 6 Electricians 7 Equip Operators 8 Fencing Guardrails 9 Foreman 10 Glaziers 11 Insulators 12 Iron Workers 13 Laborers 14 Landscaping 15 Lather

Mechanics 17 Metal Deck

Movers 19 Painters 20 Pipefitters 21 Plasterers 22 Plumbers 23 Project Manager 24 Roofers 25 Safety Officers 26 Sandblast/Waterpro

Sheet Metal 28 Sprinkler Fitter 29 Superintendent 30 Tapers 31 Temperature

Test & Balance

Truck Driver 34 Well Drilling 35

Reported by

Title

STATEMENT OF M/WBE PARTICIPATION

Project: __________________________ Prime Contractor:

RFQ No: ________________________ Bid Proposal Amount: $

PART I: (Complete if Prime Contractor is an M/WBE firm; sign below)

This bid proposal has been submitted by (check one):

____ A Non-Minority, Non-Women Business Enterprise ____ A Minority Business Enterprise ____ A Women Business Enterprise

This M/WBE firm is certified by (check one):

_______BDD _______ MOEO

PART II: (Complete if Prime Contractor is not an M/WBE firm; sign below)

NOTE: All applicable columns and blanks must be filled-in with the requested M/WBE information and dollars at the time of bid; the 25% MBE & 5% WBE goal shall be met at the time bids are submitted (Suppliers = 30%, Manufacturers = 100%, M/WBE firms actually doing the work = 100% towards participation goals.)

Name of M/WBE Dollars Subcontractors, Suppliers Or Joint Venture Partners

Certified by*

MBE WBE

Type of Work

Total Dollars

Applicable To Goal

Total:

MBE Participation: __________% WBE Participation: __________% Total M/WBE Participation:___________%

This undersigned is an M/WBE firm or will enter a formal agreement with M/WBE contractors for work listed in this schedule conditioned upon execution of a Contract with the Board of Education, City of St.

Louis. If the Statement of M/WBE PARTICIPATION DOES NOT APPLY to the Contractor/Company, the Contract/Company must sign and indicate non- applicable.

Contractor’s Signature: _________________________________________ Title: ____________ Date: ______

MBE Subcontractor/ Suppliers

Current Contract Amount

*Dollar Amount Applicable to Goal

Total Paid to Date Amount Requested This Application

WBE Subcontractors/ Suppliers

Current Contract Amount

*Dollar Amount Applicable to Goal

Total Paid to Date Amount Request This Application

ST. LOUIS PUBLIC SCHOOLS MONTHLY M/WBE REPORT

Prime Contractor: Project:

Street Address: Bid Number:

City/State/Zip: Pay Application Date:

List all minority and women business enterprises which will be utilized on the project either as subcontractor(s) or supplier(s): (*Note: only 30% of total “supplier” amount is applicable towards M/WBE goal.)

Prime Contractor: Original Contract Amount Current Contract Amount

MBE Participation

Totals:

Total MBE Participation:

Note: For percentage- divide totals by Prime Contractors Original Contract Amount.

WBE Participation

Totals:

Total MBE Participation:

Total M/WBE Participation:

Note: For percentage- divide totals by Prime Contractors Original Contract Amount

Report Prepared by: _____________________________ Date:

ST.LOUIS BOARD OF EDUCATION

MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE

UTILIZATION CONTRACTOR’S GOOD FAITH

EFFORTS REPORT

PROJECT NAME: ______________________________ BID NUMBER: _______________

NAME OF CONTRACTOR:

In addition to the minority or women-owned business enterprises that are listed and proposed for utilization on this contract, the following minority or women-owned business enterprises were also contacted regarding this contract. However, prime contractor is unable to utilize these firms for the reasons listed below:

Firm Name Address, Phone # Contact Person

Bid item(s) of work to be performed d/ t i l

Bid Amounts

Date and Method of Solicitation

Comments:

Reasons Rejected

Prime Contractor’s Signature:

Date:

Project:

ST.LOUIS BOARD OF EDUCATION

MINORITY/WOMEN-OWNED BUSINESS

ENTREPRISE UTILIZATION CONTRACTOR’S

GOOD FAITH EFFORTS STATEMENT

Please indicate those efforts you made to maximize the utilization of minority and/or women-owned business enterprises (MBE/WBE’s) and the hiring of minorities and women for this contract.

Name:

Contractor’s Authorized Signature:

Date:

Date:

YES NO

Attended the pre bid conference held on this contract.

Selected portions of work proposed to be performed by MBE/WBE firms in order to increase the likelihood of meeting the participation goals.

Solicited individual MBE/WBE firms written notifications at least seven (7) calendar days prior to bid opening to participate in the contract as subcontractor, regular dealer, manufacturer, consultant, or service agency for specific items or type of work.

Followed up the initial solicitation of interest by contacting MBE/WBE firms to determine whether or not said firms will submit a bid.

Provided interested MBE/WBE firms with adequate information regarding plans, specifications and requirements

Negotiated in good faith with MBE/WBE firms. MBE/WBE firms shall not be disqualified without sound reasons based upon a thorough investigation of their capabilities.

Made efforts to negotiate with MBE/WBE firms for specific items of work.

Made efforts to assist MBE/WBE firms that requested assistance in obtaining bonding, insurance, or lines of credit required to participate in the contract.

Advertised in general circulation media, trade associate publication(s), MBE/WBE-focused media for MBE/WBE firms and areas of interest for this contract.

Name of Publication(s) 1. Date:

2. Date:

3. Date:

4. Date:

Contacted MoKan, (314) 535-9200, as a first source regarding the hiring of minorities and women on this project.

Notified in writing, organizations which provide assistance in the recruitment and placement of MBE/WBE firms of the types of work, supplies or services considered on this contract. List the organizations, contractor’s groups, local, state and disadvantaged business assistance offices and other organizations that were contacted for assistance in achieving maximum participation of MBE/WBE firms on this contract. Please note the name of the person contacted and the date of contact.

Organization Contact Person Date_

_ Organization Contact Person Date_

_ Organization Contact Person Date_

_ Organization Contact Person Date_