8-Updated DEI Instructions.pdf

Division of Business Equity and Inclusion www.alleghenycounty.us/dei

204 County Office Building 542 Forbes Avenue

Pittsburgh, PA 15219 412-350-4309

Contracting Goals Contracting Goals for Certified Firms

Separate goals of:

• 13% Minority Business Enterprise (MBE) and

• 2% Women Business Enterprise (WBE)

Certified Firms How do I know if a firm is certified?

A certified firm will be able to provide a document with current certification information, i.e., certifying agency, scope of services, etc.

• Pennsylvania Unified Certification Program

• Others on a case-by-case basis

Certification Database

Other Certifications

In addition to the PA UCP, Allegheny County may, on a case-by-case basis, accept Minority, Women and Disadvantaged Business Enterprise (MWDBE) certifications issued by other entities such as:

Please note: self certifications are not accepted

Small Diverse Businesses with MBE or WBE designations only

PA DGS

Eastern Minority Supplier Development Council

(EMSDC)

Women Business Enterprise National Council (WBENC)

National Minority Supplier Development Council

(NMSDC)

Good Faith Effort Certified MBE and WBEs should be solicited for any areas of the bid/proposal that will be or can be outsourced. All certified firms contacted in an effort to meet the 13% MBE and 2% WBE goals for work/supplies specifically related to the scope at hand should be captured on the MWDBE Participation Statement.

Note: only certified firms should be captured on the form

If you are not successful in securing commitments to fully meet the 13% MBE and 2% WBE goals after a good faith effort has been conducted, an MWDBE participation waiver must be requested.

• Example 1 As a bidder/proposer, are there aspects of the contract that can performed/provided by certified MWDBEs:

• Office Supplies

• Transportation

• Janitorial Services

• Repairs

• Staffing

• Accounting

• Meals

• Janitorial Supplies

• Computer Services

• Consulting

• Etc.

• Example 2 If bidding as a supplier or broker, are there aspects of the contract that can be performed by certified MWDBEs:

• Delivery

• Staffing

• Assembly or procurement products

• Office supplies

• Example 3 If bidding as a contractor, are there aspects of the contract that can be performed/provided by certified MWDBEs:

Subcontractors:

• Trucking

• Excavation

• Supplies

• Plumbing, electrical, mechanical

Please document all certified MWDBEs contacted for the scope of work at hand.

Note: A firm certified as both an MBE and a WBE may be used toward the MBE OR WBE goal but not both.

A participation waiver must be requested if commitments do not result in fully meeting the 13% MBE and 2% WBE goals.

Both the MWDBE Participation Statement and the Bidder/Proposer Contact Information form must be completed and submitted with EACH set of contract documents.

The Waiver Request form ONLY needs to be submitted if it is necessary to request an MWDBE participation waiver.

MWDBE Participation Statement

Contact Information Form

Instructions for Completing the Contact Information Form

• SPEC NUMBER: leave blank

• SPEC TITLE: list the title of the RFP

• NAME OF BIDDER OR PROPOSER: list your or your organization’s name

• MAILING ADDRESS: list your or your organization’s complete mailing address

• WEBSITE: list your or your organization’s web address (if applicable)

• CONTACT PERSON: list the name of the person who will address MWDBE concerns for this specific contract

• CONTACT PHONE: list the phone number of your organization‘s contact person

• CONTACT FAX: list the fax number of your organization (if applicable)

• CONTACT EMAIL: list the email address of your organization’s contact person

MWDBE Participation Statement

Instructions for Completing the MWDBE Participation Statement

• IFB or RFP Number: specification number

• Name of Prime Bidder or Proposer: list your firm’s name

• Contact Person: list the name of the person who will address MWDBE concerns for this specific contract

• Address: list your firm’s complete mailing address

• Phone Number: list the phone number of your organization’s contact person

• Email: list the email address of your firm’s contact person

• Tax ID#: list your firm’s tax ID number

• Is Your Firm MWDBE Certified?: check Yes or No

• Certification Type: indicate whether your firm is certified as an MBE, WBE

• Certification Entity: list the entity that certified your firm

Top Portion:

• MWDBE Sub Vendor Firm Name: list the name of the certified MWDBE

• Tax ID#: list the tax ID number of the certified MWDBE

• Contact Person: list the contact person for the certified MWDBE

• Address: list the complete mailing address of the certified MWDBE

• Phone Number: list the phone number of the certified MWDBE’s contact person

• Email: list the email address of the certified MWDBE’s contact person

• Certification Type: indicate whether the certified MWDBE is certified as an MBE, WBE or DBE

• Certifying Entity: list the entity that certified the MWDBE

For Each MWDBE:

• MWDBE Sub Vendor Firm Name: list the name of the certified MWDBE

• Types of Subcontract Work or Materials: list the scope of work for which the certified MWDBE was solicited

• Date Solicited: list the date you solicited the certified MWDBE

• Solicitation Method: indicate whether you solicited the certified MWDBE by phone or email

• Quote Received: indicate whether you received a quote from the certified MWDBE

• Commitment Made: if a commitment was made, check YES and fill in the date; if not, check

NO

• Amount Committed:

• list the estimated dollar amount of the commitment with the certified MWDBE for the bid/proposal

• list the percentage of the commitment with the certified MWDBE (commitment/total amount of contract x 100)

• Prepared By: list the name of the individual who filled out the Participation Statement

• Title: list the job title of the individual who filled out the Participation Statement

• Signature: signature of the individual who filled out the Participation Statement

• Date: list the date that the Participation Statement was filled out

Bottom Portion:

MWDBE Waiver Request Form

Instructions for Completing the Waiver Request Form

1. Detailed proof of your good faith effort: please attach copies of your database search results and any other documentation illustrating that you have made a good faith effort to fulfill the County’s goals

2. A brief description of what your business does

3. Is there any inventory or supplies necessary for the completion of this project? Please answer yes or no. If yes, please provide a general list of those items.

4. An active company supplier/subcontractor diversity policy:

please attach a copy of your company’s diversity policy that addresses good faith efforts to include MWDBEs on company letterhead. This request is for business diversity and not an Equal Employment Opportunity (EEO) policy that addresses workforce or employment. (attached is a sample policy that may be used as a guide). If an active diversity policy does not exist, your company must be willing to develop and submit one within 45 days.

5. A brief explanation as to why an MWDBE participation waiver is being requested (why the 13% MBE and 2% WBE goals cannot fully be met)

Prepared By: list the name of the individual who filled out the Waiver Request form

Title: list the job title of the individual who filled out the Waiver Request form

Signature: signature of the individual who filled out the Waiver Request form

Date: list the date that the Waiver Request Form was filled out

Sample Diversity Policy

It is the policy of XYZ Company to support the maximum practical utilization of certified MWDBEs by promoting diversity throughout our business practice. One way XYZ Company accomplishes this is by making a good faith effort to solicit the services of certified MWDBEs throughout our normal business practice, allowing maximum opportunity for MWDBEs to participate as subcontractors and/or suppliers.

Good faith efforts are made by searching MWDBE databases, contacting MWDBEs for relevant scopes of work and requesting quotes for services and/or supplies. Databases regularly searched are https://paucp.dbesystem.com/ and http://www.dgs.internet.state.pa.us/suppliersearch/. XYZ Company also partners with the following MWDBE organizations for assistance in locating MWDBEs: Agency 1, Agency 2, Agency 3.

To demonstrate XYZ Company’s commitment to include certified MWDBEs in its business process, MWDBEs we have worked with or are currently working with include:

MWDBE 1: Scope of Work

MWDBE 2: Scope of Work

MWDBE 3: Scope of Work

Instructions for Completing the Waiver Request Form

• Detailed proof of your good faith effort: please attach copies of your database search results and any other documentation illustrating that you have made a good faith effort to fulfill the County’s goals

• A brief description of what your business does

• Is there any inventory or supplies necessary for the completion of this project? Please answer yes or no. If yes, please provide a general list of those items.

• An active company supplier/subcontractor diversity policy: please attach a copy of your company’s diversity policy that addresses good faith efforts to include MWDBEs on company letterhead. This request is for business diversity and not an Equal Employment Opportunity (EEO) policy that addresses workforce or employment. (attached is a sample policy that may be used as a guide). If an active diversity policy does not exist, your company must be willing to develop and submit one within 45 days.

• A brief explanation as to why an MWDBE participation waiver is being requested (why the 13% MBE and 2% WBE goals cannot fully be met)

Things to Know

• Bidders/Proposers are not required to be certified but must make a good faith effort to meet both the 13% MBE and 2% WBE goals.

• If a Bidder/Proposer is certified as an MBE or WBE, they may utilize themselves to fulfill a goal that corresponds with their certification but must make a good faith effort to meet the other goal.

• A firm certified as both an MBE and WBE may not be used to fulfill both goals. No firm can be utilized to meet both goals.

• All bidders/proposers are required to make a good faith effort to meet the goals and complete the MWDBE documentation even if the bidder/provider is an individual.

• If certified MWDBEs are contacted and their pricing is excessively higher than pricing received from a non-MWDBE, you must submit the cost comparisons.

Things to Know Continued

• All MWDBE documents must be completed and will be evaluated for acceptance.

• If you have an existing contract relationship with a certified MWDBE and plan to utilize them on a new contract, that firm must be aware of the following:

• The contract description

• The $ amount of the commitment

• The services that they will be providing (reflective of their MWDBE certification and specifically for the contract at hand)

• Count toward the MBE or WBE goal 60% of expenditures for materials and supplies required under the contract and obtained from an MBE or WBE dealer, and count toward the MBE or WBE goal 100% of expenditures to an MBE or WBE manufacturer.

Things to Know Continued

• 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 bought, kept in stock, and regularly sold or leased to the public in the usual course of business.

• A certified MWDBE must perform a commercially useful function. To perform a commercially useful function, the certified MWDBE must be performing, managing and supervising their work. They are responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

• A certified MWDBE 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 funds are passed in order to obtain the appearance of MWDBE participation.

Things to Know

• MWDBE good faith efforts and commitments shall be conducted prior to bid/proposal submission

• Commitments to utilize certified MWDBE must be honored upon contract award.

• MWDBEs will be contacted to confirm commitments

• Primes are required to submit monthly MWDBE spend reports throughout the life of the contract

• Primes shall communicate MWDBE concerns/issues to the Department of Equity and Inclusion

For More Information

Allegheny County Division of Business Equity and Inclusion

542 Forbes Avenue 204 County Office Building

Pittsburgh, PA 15219 412-350-4309 www.alleghenycounty.us/dei www.facebook.com/AlleghenyCountyDEI