8-2025 TBE Forms.pdf

DEPARTMENT OF

ADMINISTRATIVE SERVICES

Office of Economic Inclusion oeicompliance@milwaukeecountywi.gov

(414) 278-4747

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TBE-00

Non-Federally Funded

PROFESSIONAL SERVICES

Office of Economic Inclusion (OEI) TBE UTILIZATION SPECIFICATION for PROFESSIONAL SERVICES

1. The award of the contract is conditioned upon achieving the project’s Targeted Business Enterprise (TBE) participation goal of %. Firms that qualify as a TBE include DBE firms certified by and listed in the Wisconsin Unified Certification Program (UCP) directory, MBE and WBE firms certified by the State of Wisconsin DOA and listed in the directory, SBE firms certified by Milwaukee County and listed in the Milwaukee County directory, and SBE firms that meet the SBA size standards and are listed in the SAM directory. All firms must be certified prior to the proposal submission deadline. A firm certified in another state must be certified by the Wisconsin UCP or State of Wisconsin DOA prior to submission of bid.

2. TBE Participation: The participation goal is based upon the total dollar value of your proposal less reimbursable items. Participation must be maintained throughout the contract, including any fee increases. TBE Prime self-performance may be counted to achieve the goal.

PROPOSAL CONSIDERATIONS

3. The County may reject your proposal if it does not include the Commitment to Contract with TBE (TBE-14) form(s), one completed for each of the firms you are including for participation. The Prime must indicate the dollar amount of work to be provided to the sub-consultant, sign the form, and have the TBE firm sign the form in the affirmation section prior to acceptance of your proposal by the County.

4. If awarded the contract, you will enter into a contractual agreement, directly or through sub-consultant, according to the Commitment to Contract with TBE (TBE-14) form(s) provided with your proposal. Copies of the executed agreements(s) will be submitted to the County.

5. TBE participation credit is calculated as follows:

a. All of the identified scope(s) of work must have a commercially useful function in the actual performance of the contract and work must be performed directly by the TBE with their own employees.

b. One hundred percent (100%) for the work performed by a TBE firm. If a TBE subcontracts a portion of work to another firm, the value of the subcontracted work will not be counted towards the TBE participation unless the work is performed by another TBE.

c. You must notify the County if any TBE contractor(s) sublet any portion of their work.

6. The County reserves the right to request supporting documentation from both you and any listed TBE. If you fail to respond within the time specified, the County may determine you to be non-responsive and remove you from further consideration for contract award.

FOLLOWING CONTRACT AWARD

7. The County reserves the right to conduct compliance reviews and request, both from you and your subs, supporting documentation to verify TBE participation, in addition to the information entered monthly into the County’s online reporting system. The County will notify you if you are not in compliance with contract terms. If you fail to take corrective action as directed, the County may take one or more of the following actions:

a. Terminate or cancel your contract, in whole or in part;

mailto:oeicompliance@milwaukeecountywi.gov

Office of Economic Inclusion oeicompliance@milwaukeecountywi.gov

(414) 278-4747

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TBE-00

PROFESSIONAL SERVICES

b. Remove you from the list of qualified consultants, and refuse to accept future proposals from you for a period not to exceed three (3) years;

c. Withhold contract payments to cover shortfall; and/or

d. Bring suit to recover damages up to the amount of the shortfall, including interest at the rate of 12% annually, plus the County’s costs, expenses and actual attorney’s fees incurred in the collection action.

8. You must submit copies of the executed subcontract agreement(s) for each of the sub-consultants listed on the contract. REQUESTS FOR PAYMENT WILL BE DELAYED IF NOT SUBMITTED.

9. If the TBE sub(s) are unable to perform, or any other issues arise, you must immediately contact OEI Compliance at (414) 278-4851. You must submit written notification of your desire for substitution to the TBE affected and copy the County. This notice must state the reason for the request. The TBE has five (5) business days to provide written objection/acceptance to you. Approval must be obtained from County prior to making any substitutions.

TBE consultants are also required to notify and obtain approval from the County prior to subletting work.

10. The Prime will record payments received from the County and payments made to sub-consultants directly into the County’s online reporting system on a monthly basis. These entries will cover payments during the preceding month and will include zero dollar ($0) entries where no payment has occurred. You must also indicate on the invoice work being performed by TBEs. Either a) place the word “TBE” behind the work item or b) break out the work done by TBEs at the end of the report. Failure to comply may result in withholding of payments, or enforcement of other sanctions including those listed in Section 7, above.

11. The County has a revolving loan program for DBE firms. If you have contracted with a DBE that is using these

County funds, you must assist the County for repayment of these funds. This may include, but is not limited to, providing written information regarding the sub’s contract balance, prior payment (two or three party) agreements, and the issuance of two-party checks payable in the name of Milwaukee County and the DBE indebted to the County under this program.

12. The County reserves the right to waive any of these specifications when it is in our best interest.

TBE-00 (12/2023) Previous Editions Obsolete

Office of Economic Inclusion oeicompliance@milwaukeecountywi.gov

(414) 278-4747

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TBE-01 GFE

Certificate of Good Faith Efforts

Completion of this form is required for all bidders who have not achieved the participation goal. Submission of a complete form is a matter of responsiveness to this bid. Completion of all pages is required.

Guidance on completing these documents:

This guidance and information are provided to assist bidders in compliance with the provisions under all Milwaukee County Ordinances (MCCO) pertaining to the implementation of the target business enterprise program. Like all guidance material, these questions and answers are not, in themselves, legally binding or mandatory, and do not constitute regulations. They are issued to provide an acceptable means, but not the only means, of compliance with regulations and laws.

The Milwaukee County OEI program can be reviewed in more detail at: https://county.milwaukee.gov/EN/Administrative-Services/Office-of-Economic-Inclusion, including links to relevant regulations.

When Milwaukee County assigns a participation goal, you will make good faith efforts to meet this goal prior to submitting a bid or proposal in order to be responsive. If you haven't met the goal, you can document adequate good-faith efforts toward that end. This means that you must show that you took all necessary and reasonable steps to achieve the participation goal. The County will make a fair and reasonable judgment as to whether you made adequate good-faith efforts according to the following guidelines. It is important to consider the quality, quantity, and intensity of the different kinds of efforts that were made. These efforts should be those that one could reasonably expect you to take if you were actively and aggressively trying to obtain participation sufficient to meet the participation goal. Going through the motions by making phone calls to firms that you think should qualify is not a good-faith effort to meet the project requirements. The County’s determination concerning the sufficiency of your good faith efforts is a judgment call and meeting quantitative formulas is not required. The following is a list of types of actions the County considers as part of your good faith efforts. This isn’t a mandatory checklist, nor is it all-inclusive. Other factors or types of efforts may be relevant in appropriate cases, see regulations for more information.

Did you contact Milwaukee County’s Office of Economic Inclusion (OEI) to assist in identifying certified firms for this project?

Contacting OEI is essential in demonstrating good faith efforts to meet and/or exceed the participation goal assigned to this project.

Contact was made by: Telephone: Email:

Date contacted: OEI Person Contacted: Other:

mailto:oeicompliance@milwaukeecountywi.gov http://county.milwaukee.gov/cbdp http://county.milwaukee.gov/cbdp

Office of Economic Inclusion oeicompliance@milwaukeecountywi.gov

(414) 278-4747

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TBE-01 GFE

N on-Federally Funded

Certificate of Good Faith Efforts This document is required to detail what your firm has done to meet this project’s participation goal if the participation you have attained is less than the goal set for this project. Guidance as to acceptable ‘good faith efforts’ is found on the Guidance page of this document. Failure to use and properly document good faith efforts to meet the assigned participation goal will result in the rejection of your bid/proposal. By submitting this document, you hereby acknowledge that I am authorized as the representative for the bidder/proposer on the following Milwaukee County Project and that we have provided documented proof of our good faith efforts to solicit, negotiate with and utilize certified firms to meet the participation goal of this contract as demonstrated by my response to the questions contained in this fully completed set of documents.

Prime Contractor Firm Name and Address

Authorized Representative Email Address Telephone Number

Other Contact Info

Is the Prime a TBE?

Project Number Bid Number Project Title Total Contract Amount

TBE Total Project Percentage Goal Pledged

Provide a brief summary of why your firm is unable to meet the participation goal on this project:

Office of Economic Inclusion oeicompliance@milwaukeecountywi.gov

(414) 278-4747

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TBE-01 GFE

Contractible Work Items

You are required to determine portions of work to be contracted in a manner that will increase the likelihood of meeting the participation goal set for this project.

In selecting work to be contracted, you must consider, where appropriate, breaking down scoped into economically feasible units to facilitate TBE participation.

To assist in these efforts and to provide consistent definitions, use NAICS codes (http://www.census.gov/eos/www/naics/) to identify each category of work you determine is feasible for participation. TBE firms are registered by NAICS code and firms available for participation may be found in the directories listed on the second page of the TBE-14 form which is included in the bid or RFP documents.

NAICS codes (Required)

Description of work Estimated Dollar Value (Required)

Was this work made available to

TBE

Explanation

Office of Economic Inclusion oeicompliance@milwaukeecountywi.gov

(414) 278-4747

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TBE-01 GFE

Non-Federally Funded

Soliciting from Interested Firms

You must have solicited quotes in good faith from certified firms. List certified firm(s) that you have solicited to provide participation in this project.

Documentation of the information provided below will be required upon evaluation of Good Faith Efforts. ‘Original Solicitation’ and ‘Solicitation Follow Up’ with certified firms must be documented in written form (email or fax only).

Firm Name Describe Work Solicited (NAICS codes from "Contractible Work Items")

Date of Original Solicitation

Solicitation Method Used

Date of Follow- Up Solicitation

Solicitation Follow- Up Method Used

Quote Received Y/N

Quote Accepted (Y/N)

Reason for Rejecting Quote

Office of Economic Inclusion oeicompliance@milwaukeecountywi.gov

(414) 278-4747

TBE-02

Firm: Project No:

SUBCONTRACTOR/SUBCONSULTANT/SUPPLIER INFORMATION SHEET

Milwaukee County requires the following collection of information on all subcontractors, sub-consultants and/or suppliers submitting quotes on Milwaukee County projects. This information is to be included with bid/proposal.

PROVIDE THE FOLLOWING INFORMATION ON EACH BID/QUOTE

NAME CERTIFICATION

*DBE, MBE, WBE

SBE or none

ADDRESS PHONE NAICS CODE

*see link

WORK OR SERVICE TO

BE PERFORMED

**DBE by WI Unified Certification Program (UCP), MBE/WBE by Wisconsin Supplier Diversity, SBE by Milwaukee County, or SBE registration by Small Business Administration (SAM.gov) https://www.census.gov/naics/

Office of Economic Inclusion oeicompliance@milwaukeecountywi.gov

(414) 278-4747

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TBE TBE-14

Form must be filled out completely and accurately.

COMMITMENT TO CONTRACT WITH TBE

TBE Information TBE Firm Name: Prime/Sub Options: (SELECT ONE) Firm Address: (Cannot be a PO Box) EIN Number:

Project Information Project Name: Project No:

Total Contract Amount (less allowances): $ TBE Goal:

Type of Contract: (SELECT ONE)

Scope of Work Scope of Work Detailed Description:

Applicable NAICS:

Work Scope Description: NAICS:

Work Scope Description: NAICS:

Work Scope Description: NAICS:

1. TBE Contract Amount: 2. % of Total Contract:

1. The total project contract amount is an estimate based on the outcome of negotiation between the Prime and Milwaukee County. In some situations, the TBE sub-contract amount might NOT be based on the total project contract amount.

2. The percentage is based on the eligible scope of services that TBE participation can reasonably be obtained, which might not be based on the total project contract amount. The commitment percentage is the key indicator of TBE participation. The Pass/Fail determination is based on the percentage stated in the RFP/BID. If the Prime is using one or multiple TBE companies the sum of the percentages MUST satisfy the minimum percentage stated in the RFP/BID. Note the percentage indicated on this document will be viewed by OEI the Prime’s COMMITMENT to the TBE company.

Bidder/Proposer Commitment (To be completed by firm committing work to TBE)

I certify that the TBE firm quoted the identified service(s) and cost(s). I further acknowledge our firm having negotiated with, and having received confirmation, on partnering, pricing and delivery from the TBE firm listed herein. (Prime Contractor/Consultant) (Phone)_________________, or one of our subs, will enter into contract with the TBE firm listed, for the service(s) and amount(s) specified when awarded this contract. The information on this form is true and accurate to the best of my knowledge. I further understand that falsification, fraudulent statement, or misrepresentation will result in appropriate sanctions under applicable law.

Signature of Authorized Representative Name & Title of Authorized Representative Date TBE Affirmation

(To be completed by TBE Owner/Authorized Representative)

- I affirm that our firm is certified as (SELECT ONLY ONE)

- I affirm this firm is owned by a (SELECT ONLY ONE)

- I affirm that the majority owner’s ethnicity is (SELECT ONLY ONE)

- I affirm that the Wisconsin UCP has certified our company as a TBE, and that our company is currently listed in the Wisconsin UCP Directory.

- I acknowledge and accept this commitment to contract with my firm for the service(s) and dollar amount(s) specified herein, as put forth by

- (Prime or sub firm name)

- I understand and accept that this commitment is for service(s) to be rendered in completion of the project specified herein to be completed with my own forces.

- I affirm that approval from OEI will be obtained prior to subletting any portion of this work awarded to my firm on this project.

- Have you done work for Milwaukee County in the past?

Signature of Authorized TBE Representative Name & Title of Authorized TBE Representative

OEI Use Only Commitment number of Participation: ___ Project Total

Approved: _________________________________________________________ Date: ___________________

*If additional space is needed, please attach a separate sheet.

YES NO

Phone Number Date

CAGE Code:

COMMITMENT TO CONTRACT WITH TBE

ADDITIONAL INFORMATION & REQUIREMENTS:

Links to Directories for firms eligible for credit:

DBE http://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/certified-firms.aspx MBE and WBE https://wisdp.wi.gov/Search.aspx Milwaukee County SBE https://mke.diversitycompliance.com/Default.asp SAM Directory for Federal SBE https://www.sam.gov/SAM/pages/public/index.jsf

1. CONTRACT ADJUSTMENTS: The successful Bidder/Proposer will maintain the approved TBE participation level during the term of the contract with the County, including any additional work on the contract, e.g., change orders, addendums, scope changes, or fee increases.

2. WRITTEN CONTRACTS WITH TBE: The County requires that the successful Bidder/Proposer enter into contract, directly or through subs, as stated in this form. Agreements must be submitted to the County within 7 days of receipt of the Notice-To-Proceed. By executing this commitment, you are certifying that you have had contact with the named TBE firm and that they will be hired if you are awarded the contract by the County.

3. SUBSTITUTIONS, TBE SUBCONTRACTING WORK, TRUCKING FIRMS: The successful Bidder/Proposer must submit written notification of desire for substitution to the TBE affected, and send a copy to the County, stating the reason(s) for the request. The TBE will have five (5) business days to provide written objection/acceptance of the substitution. The “right to correct” must be afforded any TBE objecting to substitution/termination for less than good cause as determined by the County. Approval must be obtained from the County prior to making any substitutions. TBE firms are required to notify and obtain approval from the County prior to seeking to subcontract out work on this project. In the case of TBE trucking firms, credit will be given for trucks leased from other TBE firms; however, if the TBE leases trucks from non-TBE firms, the commission or fee will be counted for crediting.

4. REQUESTS FOR PAYMENT: The successful Bidder/Proposer must indicate on the Continuation Sheet (AIA form G703, or equivalent) or invoice for consulting the work being performed by TBE by either

a) placing the word “TBE” behind the work item or b) breaking out the work done by TBEs at the end of the report. The successful Bidder/Proposer shall notify TBE firms of the date on which they must submit their invoices for payment.

5. TBE UTILIZATION REPORTS: The successful Bidder/Proposer will enter payments to subs and suppliers directly into the County’s online reporting system on a monthly basis. These entries will cover payments made during the preceding month and will include zero dollar ($0) entries where no payment has occurred.

If you have any questions related to the Milwaukee County Target Enterprise Program, please contact:

414.278.4851 or oeicompliance@milwaukeecountywi.gov http://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/certified-firms.aspx https://wisdp.wi.gov/Search.aspx https://mke.diversitycompliance.com/Default.asp https://www.sam.gov/SAM/pages/public/index.jsf mailto:oeicompliance@milwaukeecountywi.gov