7-Exhibit O - Towns SMBE Good Faith Effort Packet.pdf

EXHIBIT O (IFB 2025-23)

Town of Hilton Head Island Good Faith Effort Program for Small and Minority Business

Participation

PLEASE REVIEW THIS SECTION CAREFULLY,

PAYING PARTICULAR ATTENTION TO “PRE-AWARD

DOCUMENTS” DUE WITH THE BID/PROPOSAL,

THE “GOOD FAITH EFFORTS CHECKLIST”,

AND EXHIBITS 1-3.

FAILURE TO FOLLOW THE PROGRAM REQUIREMENTS

AND/OR FURNISH THE REQUESTED DOCUMENTS MAY

RESULT IN THE REJECTION OF YOUR BID/PROPOSAL.

Small and Minority Business Participation Program Documents Overview*

PRE-AWARD DOCUMENTS

Item/Form Submission Requirements

1 Program Overview n/a

2 Self-Performance Affidavit Indicates intention to perform work and/or provide services with own current workforce.

Due with bid/proposal only if self-performing 100%.

If Not 100% Self-Performing, Items 3-8 Below Must Be Completed and Submitted With Your Bid or Proposal n/a

3 Good Faith Efforts Checklist Indicates the actions undertook to recruit and solicit small and minority businesses for this project.

Due with bid/proposal.

4 Good Faith Agencies Distribution List Indicates agencies that should receive notice of solicitation to small and minority businesses for this project.

Copy of notice sent to good faith agencies due with bid/proposal.

5 Outreach Written Notice Example Sample of notice to be sent to small and minority businesses soliciting their participation for this project.

Copy of notice sent to small and minority businesses due with bid/proposal.

6 Non-Discrimination Statement – Exhibit 1 Certification that this project is open to all businesses and persons and that no business or person shall be excluded from participating in the Town of Hilton Head Island procurement process.

Due with bid/proposal.

7 Outreach Documentation Log – Exhibit 2 Documents solicitation efforts to obtain small and minority business participation for this project.

Due with bid/proposal.

8 Proposed Utilization Plan – Exhibit 3 Listing of the small and minority businesses that will participate on this project and their proposed contract dollar amounts.

Due with bid/proposal.

POST-AWARD DOCUMENTS

Item/Form Submission

Requirements 9 Compliance Efforts

This document indicates the actions required of the offeror to earnestly carry out the small and minority business utilization plan and document payments thereof.

n/a

10 Monthly Compliance Status Report – Exhibit 4 Certifies monthly usage and payments to small and minority businesses.

Due monthly after work commences throughout the life of the contract.

* NOTE: Projects involving Federal funds may have Disadvantaged Business Enterprise (DBE) participation goals and requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation (USDOT), or other Federal requirements prescribed by the U.S. Department of Agriculture (USDA) or U.S. Department of Housing and Urban Development (HUD).

Contractors submitting bids on such projects will also have to meet any outlined DBE Program requirements listed in the bid documents and submit items, including but not limited to, the following: (1) Certification of Contractor to Comply with DBE Requirements; (2) DBE Letter of Intent and Affirmation; (3) DBE Contract Totals and Percentage; and (4) Bidder’s List Questionnaire. For a current list of South Carolina DBE firms, please visit www.scdot.org and go to “Doing Business with SCDOT”, then see “Office of Business Development and Special Programs” and click on “DBE Directory”. Likewise, any USDA and/or HUD requirements must be met in addition to Town of Hilton Head Island’s requirements.

http://www.scdot.org/

Introduction The Town of Hilton Head Island (Town) recognizes that the South Carolina General Assembly, in South Carolina Code of Laws Section 11-35- 5210*, has declared that businesses owned and operated by minority persons have been historically restricted from full participation in our free enterprise system to a degree disproportionate to other businesses; and that it is in the state’s best interest to assist minority-owned businesses to develop fully as a part of the state’s policies and programs which are designed to promote balanced economic and community growth throughout the state. Therefore, the Town wishes to ensure that those businesses owned and operated by minorities are afforded the opportunity to fully participate in its overall procurement process for goods and services. Further, the Town seeks to ensure that small businesses are likewise afforded the same participation opportunity as minority businesses. Consequently, attention of all bidders and proposers is called to contract conditions contained herein pertaining to the Town’s “Small and Minority Business Participation Program”.

Definitions Small Business means a for-profit concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on government contracts, and qualified as a small business under the criteria and size standards in the Code of Federal Regulations, Title 13, Part 121, as amended. The Town refers to these businesses as Small Business Enterprises or “SBEs”.

Minority Business means a concern at least fifty-one percent (51%) owned by a person determined to be socially and economically disadvantaged. Socially disadvantaged means those persons who have been subject to racial or ethnic prejudice or cultural bias because of their identification as members of a certain group without regard to their individual qualities. Such groups include, but are not limited to, Black Americans, Hispanic Americans, Native Americans (including American Indians, Eskimos, Aleuts and Native Hawaiians), Asian Pacific Americans, women and other minorities to be designated by the Town Council. Economically disadvantaged means those socially disadvantaged persons whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area that are not socially disadvantaged. The Town refers to minority businesses as Minority Business Enterprises or “MBEs”.

Small and Minority Business Enterprises will be abbreviated as “SMBEs”.

Provisions The successful bidder or proposer, hereafter referred to as “Contractor”, is required to (1) make specific Pre-Award “Good Faith Efforts” to recruit SMBEs and (2) Post-Award “Compliance Efforts” of its labors to utilize SMBEs, unless self-performing one hundred percent (100%) of the contract work. Falsification of any pre-award or post-award documents will be considered a serious breach of public trust and funds.

* SOUTH CAROLINA CODE OF LAWS, CHAPTER 35 “SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SUBARTICLE 1 “ASSISTANCE TO MINORITY BUSINESSES”

PROGRAM OVERVIEW

If self-performing 100% sign below and return this page with your bid/proposal.

I hereby certify my company’s intent to perform one hundred percent (100%) of the work required for:

Project Name:

Bid/Proposal Number:

By signing this affidavit, I further certify that my company has the capability to perform and will perform all elements of the work on the project referenced above with my company’s employees.

I further agree to provide additional information or documentation requested by the Town of Hilton Head Island in support of the above statement.

If a need to subcontract all and/or some of my company’s work on this project arises, I will notify the Town of Hilton Head Island Procurement Office in writing within three (3) business days.

Name of Company

Authorized Representative Name

Signature

Title

Date

State of County of

Subscribed and sworn to before me this day of 20

Notary Public My Commission Expires:

SELF-PERFORMANCE AFFIDAVIT

Pre-award efforts include the following “good faith efforts” for Contractors intending to use subcontractors, or the bid/proposal may be rejected.

If using subcontractors, return this page (and required supporting documents) with your bid/proposal.

Divide and/or combine scope of work packages into economically feasible units, if possible.

You can find directories of SMBEs by going to the following websites:

http://dbw.scdot.org/dbesearch/DirectoryQuery.aspx https://osmba.sc.gov/directory.html

Send a written notice at least ten (10) business days prior to the bid/response due date of your intent to submit a bid/response, and express interest in receiving quotes thereof to (1) potential SMBEs and (2) “good faith agencies”:

The written notice should contain the Contractor’s name and contact information; project name; project number; scope of work/bid packages available for subcontracting; information on availability of plans and specifications; and the Contractor’s company policy regarding insurance, bonding, and financial requirements, if any.

Submit with the bid/proposal, copies of the written notice sent specifically to SMBEs, along with the fax transmittal confirmation slips (if sent by fax), copies of the e-mails (if e-mailed), and/or copies of metered or stamped envelopes (if sent by mail).

Submit with the bid/proposal, copies of the written notice sent specifically to the “good faith agencies”, along with the fax transmittal confirmation slips (if sent by fax), copies of the e-mails (if e-mailed), and/or copies of metered or stamped envelopes (if sent by mail).

Complete and submit Exhibits 1-3 with all requested supporting documentation (where applicable):

Exhibit 1: Non-Discrimination Statement Exhibit 2: Outreach Documentation Log Exhibit 3: Proposed Utilization Plan

The undersigned acknowledges making a good faith effort to comply with the above areas checked:

Name of Company

Authorized Representative Name

Signature

Title

Date

GOOD FAITH EFFORTS CHECKLIST (PRE-AWARD)

http://dbw.scdot.org/dbesearch/DirectoryQuery.aspx https://osmba.sc.gov/directory.html

Send written notice at least ten (10) business days prior to the bid/response due date to all the agencies listed below and do the following: (1) indicate your company’s intent to submit a bid/response and (2) request their assistance in the recruitment of small and minority businesses. You may mail OR e-mail the notice.

Submit notice copy with the bid/proposal, copies of the written notices sent to these agencies.

Beaufort County Black Chamber of Commerce Attention: Mr. Larry Holman, President 711 Bladen Street Beaufort, SC 29902 EMAIL: president@bcbcc.org

Beaufort Regional Chamber of Commerce Attention: Ms. Susan Fogelman, Director of Membership Post Office Box 910 Beaufort, SC 29901 EMAIL: Susan@BeaufortChamber.org

Hilton Head Island-Bluffton Chamber of Commerce Attention: Ms. Michelle Pivik, Director of Membership Post Office Box 5647 Hilton Head Island, SC 29938 EMAIL: michelle@hiltonheadisland.org

SCDOT Disadvantaged Business Enterprise Program Attention: Mr. Greg Davis 955 Park Street Columbia, SC 29201 EMAIL: davisg@scdot.org

Small Business Administration Attention: Ms. Angela Brewer 1835 Assembly Street, Suite 1425 Columbia, SC 29201 EMAIL: angela.brewer@sba.gov

GOOD FAITH AGENCIES DISTRIBUTION LIST

mailto:president@bcbcc.org

Send written notice at least ten (10) business days prior to the bid/response due date to potential small and minority businesses and provide notice of the following: (1) intent to submit a bid/response and (2) interest in receiving quotes from small and minority businesses.

You may mail OR e-mail the notice.

Submit all notices with the bid/proposal, copies of the written notices sent to these agencies.

No Name Company Post Office Box 1234 Any Town, US

(123) 555-7777 Telephone

(123) 555-8888 Fax

Subcontractor Company Name Subcontractor Mailing Address Subcontractor City, State, Zip

Dear Subcontractor Company Name:

Example

No Name Company is pursuing work with the Town of Hilton Head Island, South Carolina and intends to submit a bid/proposal for Town IFB/RFP # 000-00000.

We have the following opportunities for subcontracting on this project:

• Describe Bid Package 1

• Describe Bid Package 2

• Describe Bid Package 3

• Etc…

Plans and specifications are available at our office and at _ and .

It is the police of No Name Company that _ (state policy concerning W-4, insurance, credit lines, and assistance in obtaining bonds, etc.)

The IFB/RFP closing date is _ at 3:00 pm and therefore, we must receive your quote/proposal into our office no later than pm.

If you have any questions, please contact Mr. /Ms. at our company.

We look forward to hearing from you.

Sincerely, No Name Company

Sign below and return this page with your bid/proposal.

OUTREACH WRITTEN NOTICE EXAMPLE

EXHIBIT 1

Non-Discrimination Statement

The bidder/proposer certifies that:

1) No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, national origin, or gender in connection with any IFB/RFP submitted to the Town of Hilton Head Island or the performance of any contract resulting thereof;

2) That it is and shall be the policy of this Company to provide equal opportunity to all business persons seeking to contract or otherwise interested in contracting with this Company for Town of Hilton Head Island contracts, including those companies owned and controlled by socio-economic and racial minorities;

3) In connection herewith, we acknowledge and warrant that this Company has been made aware of, understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company;

4) That this promise of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption throughout the life of the referenced contract with the Town of Hilton Head Island;

5) That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made a part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and;

6) That the failure of this Company to satisfactorily discharge any off the promises of non-discrimination as made and set forth herein shall constitute a material breach of contract entitling the Town of Hilton Head Island to declare the contract in default and to exercise any and all applicable rights and remedies including, but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and/or forfeiture of compensation due and owning on a contract.

Name of Company

Authorized Representative Name

Signature

Return this page with your bid/proposal

EXHIBIT 2

Outreach Documentation Log

Bidder/Proposer Name:

IFB/RFP No.:

IFB/RFP Date:

Project Name:

LIST INFORMATION FOR THE S/MBEs YOU CONTACTED FOR INTEREST AND POTENTIAL PARTICIPATION (Use additional sheets if necessary and mark “Exhibit 2 Attachment”)

Name of SMBE

Firm Type

Address

Telephone Number

Trade/Commodity

Letter Sent (Y/N)

Response (No Response / Will Quote / Will Not Quote)

Result (If Submitting Quote)

The undersigned proposes to enter into a formal agreement with the SMBEs identified herein for work, schedule and value listed in this schedule conditioned upon execution of a contract with the Town of Hilton Head Island.

Name: _ Signature: _ Title: _

Return this page with your bid/proposal

EXHIBIT 3

Proposed Utilization Plan

Bidder/Proposer Name:

IFB/RFP No.:

IFB/RFP Date:

LIST INFORMATION FOR THE SMBEs YOU INTEND TO UTILIZE (Use additional sheets if necessary and mark “Exhibit 3 Attachment”)

Name of SMBE

Address

Telephone

Point of Contact

Trade/Commodity

Contract / PO Amount

Total Anticipated Small Business Enterprise Participation Dollar Value: $

Total Anticipated Minority Business Enterprise Participation Dollar Value: $

The undersigned proposes to enter into a formal agreement with the SMBEs identified herein for work, schedule and value listed in this schedule conditioned upon execution of a contract with the Town of Hilton Head Island.

Name: _ Signature: _ Title: _

The successful Contractor is required to fulfill any Small and Minority Business Enterprise (SMBE) commitments made in conjunction with the “Pre-Award Good Faith Efforts”, unless good cause is demonstrated for any failure to fulfill such commitment.

If the Contractor intends to make any substitutions for any reasons, the Town of Hilton Head Island Procurement Office must be notified in writing within ten (10) business days for discussion and approval. No Contractor shall enter into an agreement with any SMBE that would in any manner limit the SMBE from selling or acting as a subcontractor to any other party.

The Town of Hilton Head Island shall have the right to inspect the Contractor’s records related to activity and expenditures to SMBE utilized on its projects, to include related contracts/purchase orders and payment records, such as cancelled check copies. Further, designated Town of Hilton Head Island personnel are permitted access to all work sites. Contractors and their staff should take measures to cooperate fully with all Town of Hilton Head Island staff, including, but not limited to the Procurement Officer.

“Post-Award Compliance Efforts” require the Contractor to not only provide monthly reports regarding activity and expenditures to SMBE, but also to maintain related records throughout the life of the project regarding its efforts to comply with the Small and Minority Business Participation Program.

The “Monthly Compliance Status Report” must be submitted to the Procurement Office until the project ends, by the fifth (15th) day, reflecting the activity of the previous month.

All questions regarding “Post-Award Compliance Efforts” should be directed to the Procurement Office vie e-mail at richg@hiltonheadislandsc.gov or (843) 341-4711.

Small and Minority Business Participation Program Documents – Town of Hilton Head Island, South Carolina Revised December 20, 2022

COMPLIANCE EFFORTS (POST-AWARD)

mailto:richg@hiltonheadislandsc.gov

Until the project ends, the Prime Contractor shall submit monthly reports to the Procurement

Office by the 15th of each month, reflecting activity of the previous month.

Original Prime Contract Amount:

Change Orders to Date:

Current Prime Contract Amount:

Name of

S/MBE

Quote Amount

Date of Contract/PO

Dollar

Amount of Actual

Contract/PO

Dollar Amount

Paid This

Month

Check

Dollar

Amount Paid to

SBE Expenditure to Date:

MBE Expenditure to Date:

SMBE Total Expenditure to Date:

I certify that contracts/purchase orders have been executed with the above firms, amounts listed are accurate, and payments were made in accordance with contractual obligations. Cancelled checks to S/MBEs working on this project and/or supporting documentation for the information presented in this report will be made available to Town of Hilton Head Island officials upon written request.

Name:___________________________ Title: ___________________________

Signature: ________________________ Date: ___________________________

Small and Minority Business Participation Program Documents – Town of Hilton Head Island, South Carolina Revised December 20, 2022

EXHIBIT 4

MONTHLY

COMPLIANCE STATUS

REPORT

Small and Minority Business Participation

Completed reports must be submitted by mail or email as follows:

Town of Hilton Head Island Procurement Office One Town Center Court Hilton Head Island, SC 29928 E-Mail: richg@hiltonheadislandsc.gov

Prime Contractor Name:

Type of Report:

Report Number:

For the Period Of:

Monthly Final mailto:richg@hiltonheadislandsc.gov