7-26-204JH - Subcontracting Goal - Waiver Request.pdf

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Attached to
Legislative Representation Services
Solicitation number
RFP No.: 26-204/JH
Issued by
Palm Beach County, Florida

About this file

This document is a Subcontracting Goal – Waiver Request form from the Equal Business Opportunity Office of the Solid Waste Authority of Palm Beach County (PBC). The form is designed to help prime contractors request a waiver from meeting Small Business Enterprise (SBE) subcontracting goals by demonstrating good faith efforts to engage SBE subcontractors. The waiver request requires contractors to document their outreach efforts across five sections, each with specific point requirements: identifying subcontracting opportunities, initial communications with potential SBE subcontractors, follow-up communications and bid negotiations, pre-submittal conference attendance, and additional supportive criteria.

To receive a waiver approval, contractors must accumulate at least 70 out of 100 possible points by providing detailed documentation of their efforts to engage SBE subcontractors. This includes contacting at least three SBEs for each scope of work, sending solicitations at least 10 business days before the bid due date, following up with potential subcontractors, and potentially offering additional support like mentoring programs, bonding assistance, or access to project specifications. The document emphasizes that failure to meet the requirements or obtain sufficient points will result in the contractor's bid being deemed non-responsive. The form requires a company authorized signature and includes a section to be completed by the Equal Business Opportunity Office for final approval or denial.

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Equal Business Opportunity Office Subcontracting Goal – Waiver Request

DATE:

CONTACT INFORMATION

Solicitation Title:

Solicitation #:

Prime Contractor:

Contact Person:

Phone No: Email:

GOOD FAITH EFFORT DOCUMENTATION

In the sections below, points will ONLY be awarded for fully satisfying the criteria. For more information on the Subcontracting Waiver Criteria or for assistance on completing the Subcontracting Goal Waiver Request Form, please contact the EBO Office at (561) 640-4000. Respondents must obtain a total of 70 points to receive a waiver approval.

SECTION A – Sufficient Commercially Useful Function Identified to Meet Subcontracting Goal 25 points

Please provide documentation and supporting evidence to show how the criteria was fulfilled:

1. List the specific scope of work identified for each of the SBEs contacted

2. Ensure the scope of work identified for SBEs is greater than or equal to the subcontracting goal(s)

3. Additional comments, if any

Response:

Requirements:

Provide a list of elements of the scope of work, specifically referencing appropriate NIGP codes, and estimated percentages of subcontracting opportunities and estimated percentage of work to be self-performed by Respondent. Respondent must solicit a reasonable number of available SBE subcontractors that are capable of performing each type of work that Respondent is seeking to subcontract. No points will be awarded for this category if the respondent fails to list sufficient commercially useful subcontracting opportunities to meet the established goal.

SECTION B – Initial Communications to Potential SBE Subcontractors Using the Equal Business Opportunity Management System / Website or Other Certifying Entity’s SBE Directories 20 points

Please provide written documentation and supporting evidence to show how the criteria was fulfilled. Respondents will ONLY RECEIVE POINTS for this Section if ALL REQUIRED DOCUMENTATION listed above is included with the Subcontracting Goal Waiver Request and if outreach occurred within the specified timeframe.

1. Contact at least three (3) SBEs, where available for each scope of work identified to be subcontracted in Section A (emails/call logs/faxes)

2. Include current documentation of searches from Equal Business Opportunity Management System / Website or Other Certifying Entity’s

SBE Directories

3. Notify SBEs at least ten (10) business days prior to the bid closing date

4. Additional comments, if any

1. Each subcontractor solicitation must be documented to have been sent by Respondent no later than 10 business days prior to the Authority’s bid due date, and to have been sent to the email address or fax number and contact person for the SBE firm that has been registered with the Authority or Certifying Entity in accordance with the Economic Inclusion Policy.

2. Each initial communication to potential SBE subcontractors by Respondent must contain in the subject line a reference to “subcontractor solicitation” as well as the name of the project and bid solicitation number as provided in the Authority’s bid solicitation.

o The body of each initial communication to SBE subcontractors from Respondent must contain a current web link to the Respondent’s own web page wherein its solicitation for subcontractors for various scopes of work for that specific prime contract are posted.

3. Respondent’s web posting must provide detailed instructions to prospective subcontractors as to the appropriate format and means for submitting a subcontract bid, as well as all information that is required for submitting a bid to the Respondent, including, but not limited to, Respondent’s contact information for subcontracting bid submittals, bid specifications for each element of subcontracted work, the bid due date for subcontractors, bonding and insurance requirements for subcontractors, and reference requirements.

4. For each category of work identified by Respondent as being available for subcontracting, copies of emails or fax correspondence to no fewer than 3 certified SBEs, where available as being able to perform that category of commercially useful work.

5. Copies of emails and/or fax records reflecting that each such subcontractor solicitation sent by Respondent was sent no later than 10 business days prior to the bid due date as established by the Authority, and that each such solicitation was sent to the fax number and/or email address and contact person for the SBE firm that has been registered with the Authority or Certifying Entity in accordance with the Economic Inclusion Policy as being capable of performing each such category of work.

6. Documents reflecting that the web link to the Bidder’s web page contained in the initial communication was current and valid as of the date the communication was sent to prospective SBE subcontractors. (Printed web pages reflecting required information, web page address, and date of printing may suffice.)

SECTION C – Follow-up Communications & Bid Negotiations with Potential Subcontractors 35 points Please provide written documentation and supporting evidence to show how the criteria was fulfilled. Respondents will ONLY RECEIVE POINTS for this Section if ALL REQUIRED DOCUMENTATION listed above is included with the Subcontracting Goal Waiver Request and if outreach occurred within the specified timeframe.

1. Follow up with SBEs at least three (3) business days prior to the bid closing date. Note that an alternate form of communication is required from the communication methods used in Section B

2. Document if a response was received from SBEs contacted. If a SBE submitted a bid, indicate negotiations and reasoning for not accepting the bid

3. Additional comments, if any

1. Communication log/spreadsheet documenting telephone/fax/email follow-up. This log/spreadsheet must include the Authority’s eligible subcontractor’s/supplier’s company name, telephone number, email address, fax number, contact person, time, date, and result of the follow-up communication.

2. Respondent must follow-up with all solicited potential subcontractors/suppliers who have not responded to initial notification or must state reasonable basis for lack of follow-up action.

3. If Respondent does not receive feedback from initial communication or received notification that initial outreach was not successfully received (wrong or disconnected phone/fax, or email delivery failure), Respondent must show alternative methods of communication utilized for outreach.

4. Copies of all emails, faxes, subcontractor bid offers, Respondent’s written responses to subcontractor bid offers, and other written communications exchanged between Respondent and prospective subcontractors during the bidding process must be provided.

SECTION D - Attendance at Pre-Submittal Conference - Solid Waste Authority of PBC Purchasing staff maintains documentation regarding attendance at the pre-submittal conference

5 Points

Please provide written documentation and supporting evidence to show how the criteria was fulfilled. Respondents will ONLY RECEIVE POINTS for this Section if ALL REQUIRED DOCUMENTATION listed above is included with the Subcontracting Goal Waiver request and if outreach occurred within the specified timeframe.

1. Below, list the individuals from your firm that attended the pre-submittal conference

Requirements: Potential subcontractors/suppliers are encouraged to attend pre-submission meetings, which serve as an opportunity to meet prime Respondents. Respondents demonstrate attendance at pre-submittal conference by signing-in physically. No documentation other than list of company representatives in attendance are required by Respondent; the Authority staff will maintain internal documentation.

SECTION E – Other Criteria (Bonding / Insurance / Supplier Credit Assistance) 15 Points Please provide documentation and supporting evidence to show how the criteria was fulfilled. To receive all 15 points, three (3) additional good faith efforts must be completed. Note the items below are recommendations of “Other Criteria.” The Respondent may identify other good faith efforts in the area provided below (subject to approval):

1. Participate in a mentoring program in the Palm Beach, Broward or Miami-Dade Counties

2. Provide SBEs easy access to plans and specifications for SBEs

3. Host outreach events for SBEs in Palm Beach County in partnership with the Authority

4. Offer joint check services, bonding assistance or lines of credit to SBEs

5. Advertise and utilize member listings from multiple trade organizations and Chambers of Commerce

6. Other (Please list)

1. Respondent provided subcontractors with detailed information on how, where (within Palm Beach County area) and when (during normal business hours) interested subcontractors may view or obtain the plans and specification for the project free of charge (on-site or via internet).

2. Respondent advertised for bids/quotes from interested SBE businesses not less than 10 business days prior to the Authority solicitation response deadline in one or more newspapers, trade association publications, trade oriented publications, newsletters, or trade websites.

3. Outreach to other organizations’ Vendor Directories/Listings to contact certified SBEs who have been identified to perform Commercially Useful Functions for subcontracting work identified in the solicitation.

4. Assistance provided or offered to potential subcontractors/suppliers in obtaining bonding, lines of credit with suppliers or financial institutions, and insurance in connection with the bid solicitation.

5. Participating as a mentor in business mentoring programs in South Florida within the past calendar year.

6. Attending/hosting Palm Beach County business outreach events within the past calendar year.

Respondents must obtain a total of 70 or more points to receive a waiver approval. No partial points will be awarded to Respondents in Sections A-D for not meeting the criteria. Respondents will be considered non-responsive upon denial of the Subcontracting Goal – Waiver Request form and Subcontractor/Supplier Utilization Plan. For more information on the Subcontracting Waiver Criteria or for assistance on completing the Subcontracting Goal - Waiver Request form, please contact the EBO Office at (561) 640-4000.

AFFIRMATION

I UNDERSTAND THAT IF THIS REQUEST FOR WAIVER IS DENIED AND I FAIL TO MEET THE REQUIREMENTS OF THIS SOLICITATION, MY RESPONSE TO THIS SOLICITATION WILL BE DEEMED NON-RESPONSIVE.

By executing this form, I hereby certify to all that I have full legal authority to execute this document on behalf of the companies mentioned above, and that my signature is specifically being relied on as such for all purposes related to this solicitation, including any resulting contract award. I understand that if this certification is determined to be incorrect for any reason, that my response to this solicitation may be deemed non-responsive or I may be subject to any applicable penalties/sanctions set forth in Section (6) of the Authority's Purchasing Manual or applicable law.

Company Authorized Signature: Print Name/Title:

To be Completed by EBO Office Approved TOTAL SCORE:

Denied ____/100

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