7-OESBD - SBE Reserve.docx

OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT REQUIREMENTS

SMALL BUSINESS ENTERPRISE (SBE) RESERVE

A. In accordance with Section 1-81.4 of the Broward County Business Opportunity Act, Section 1-81 et seq. of the Broward County Code of Ordinances, (the “Act”), this solicitation is reserved for Broward County Small Business Enterprise (SBE) firms (SBE Reserve).

B. SBEs and non-SBEs may respond to the solicitation.

C. The SBE with the lowest, responsive and responsible bid, or with the highest-ranked, responsive and responsible proposal, as compared to all other SBEs, shall be awarded the contract. It is the Vendor’s responsibility to ensure compliance with the SBE Reserve requirements and adhere to solicitation deadlines. The Vendor must contact OESBD to verify current SBE status or to obtain SBE certification.

D. If no responsive and responsible bid or proposal is received from an SBE or no SBE responds to the solicitation, then the award shall be made to the County Business Enterprise (CBE) that submitted the lowest, responsive and responsible bid, or the highest ranked responsive and responsible proposal.

E. If there is no responsive and responsible bid or proposal received from an SBE or CBE, or no SBE or CBE responds to the solicitation, then the award may be made to the noncertified Vendor that submits the lowest, responsive and responsible bid, or the highest ranked, responsive and responsible proposal.

F. The contract awarded to a noncertified Vendor may include a CBE goal. Refer to Instructions to Vendors or Special Instructions to Vendor for assigned CBE participation goal. Non-certified Vendors must complete Letter(s) of Intent (refer to Section H below) for any assigned CBE goal participation.

G. SBEs and CBEs responding to an SBE Reserve solicitation must ensure that at least eighty-five percent (85%) of the services are performed by SBE or CBE firms, respectively. The Vendor must self-perform eighty-five percent (85%) of the Work as the prime Vendor or the prime Vendor may self-perform a portion of the work and subcontract remaining portions of Work to other SBEs or CBEs, as applicable. In the latter scenario, the cumulative participation of the SBE or CBE-certified prime Vendor and its SBE or CBE-certified sub-vendors must account for at least eighty-five percent (85%) of the overall services. If the prime Vendor intends to subcontract any portion of the Work, the Vendor must complete Letter(s) of Intent (refer to Section H below).

H. SBE Program Requirements: Vendor should submit all required forms and information with its solicitation submittal as a matter of responsibility. If the required forms and information are not provided with the Vendor’s solicitation submittal, then Vendor must supply the required forms and information no later than three (3) business days after written request by OESBD. Vendor may be deemed non-responsible for failure to fully comply within these stated timeframes.

(1) An SBE Vendor should include in its solicitation submittal a Letter of Intent Between Bidder/Offeror and Small Business Enterprise (SBE) Subcontractor/Supplier (LOI) for each SBE the Vendor intends to use to achieve the assigned reserve. If the Vendor is an SBE performing at least 85% of the work, an LOI should be submitted stating that at least 85% of the work will be completed by the SBE. The form is available at the following link:

https://www.broward.org/EconDev/SmallBusiness/Documents/SBE%20009%20LOI_01302025Fillable.pdf.

(2) A non-SBE Vendor should include in its solicitation submittal a Letter of Intent Between Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier (LOI) for each CBE the Vendor intends to use to achieve the assigned reserve or CBE participation goal. If the Vendor is a CBE performing at least 85% of the work, an LOI should be submitted stating that at least 85% of the work will be completed by the CBE. The form is available at the following link:

http://www.broward.org/EconDev/Documents/CBELetterOfIntent.pdf.

(3) If a noncertified Vendor is unable to attain the CBE participation goal, or an SBE or CBE Vendor is unable to meet the SBE or CBE participation requirements, as applicable, Vendor should include in its solicitation submittal an Application for Evaluation of Good Faith Efforts and all the required supporting information. The form is available at the following link:

http://www.broward.org/EconDev/WhatWeDo/Documents/GoodFaithEffortEval.pdf

I. A certified firm must provide a commercially useful function for the Project and may not act as a broker. A certified firm that seeks to act as a broker, or that does not provide a commercially useful function for the Project shall be subject to decertification by OESBD.

J. Vendors are encouraged to purchase materials from certified SBE firms whenever possible.

K. OESBD maintains an online directory of SBE and CBE firms. The online directory is available for use by Vendors at https://webapps4.broward.org/smallbusiness/sbdirectory.aspx

L. For detailed information regarding the SBE Program contact the OESBD at (954) 357-6400 or visit the office’s website at: http://www.broward.org/EconDev/SmallBusiness/

M. If awarded the contract, Vendor agrees to and shall comply with all applicable requirements of this solicitation, the Business Opportunity Act, and the SBE Program in the award and administration of the contract, including the following:

(1) No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, or pregnancy in the performance of this contract.

(2) All entities that seek to conduct business with the County, including Vendor or any Prime Contractors, Subcontractors, and Bidders/Offerors shall conduct such business activities in a fair and reasonable manner, free from fraud, coercion, collusion, intimidation, or bad faith. Failure to do so may result in the cancellation of this solicitation, cessation of contract negotiations, revocation of SBE or CBE certification, and suspension or debarment from future contracts.

(3) If Vendor fails to meet or make Good Faith Efforts (as defined in the Business Opportunity Act) to meet the SBE or CBE participation commitment (the “Commitment”), then Vendor shall pay the County liquidated damages in an amount equal to fifty percent (50%) of the actual dollar amount by which Vendor failed to achieve the Commitment, up to a maximum amount of ten percent (10%) of the total contract amount, excluding costs and reimbursable expenses. An example of this calculation is stated in Section 1-81.7, Broward County Code of Ordinances.

(4) Vendor shall comply with all applicable requirements of the Business Opportunity Act in the award of this contract.

(5) Vendor shall pay its SBE or CBE subcontractors and suppliers, as applicable, within fifteen (15) days following receipt of payment from the County for all completed subcontracted work and supplies. If Vendor withholds an amount from SBE or CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from the County.

(6) Vendor understands that the County will monitor Vendor’s compliance with the SBE Program requirements. All Vendors must provide OESBD with a Monthly Utilization Report (MUR) to confirm its compliance with the Commitment agreed to in the contract; timely submission of the MUR every month throughout the term of the contract, including amendment and extension terms, is a condition of the County’s payment of Vendor under the contract. This form is also available online at: www.broward.org/econdev/SmallBusiness/Pages/compliance.aspx

Form Date 7/1/25