Appendix A SBO Sheltered Market DRAFT Inspec.docx

M E M O R A N D U M

TO:

Chandra Houston, Chief Procurement Officer Department of Procurement

FROM:

Rocsean Spencer, Director Mayor’s Office of Contract Compliance

RE:

SBO Sheltered Market Bid Documents for Project No.:

DRAFT: Inspection Truck Data Storage

Draft: This is not an official OCC document

DATE:

September 21, 2026

The SBO sheltered market bid documents with project specific availability for Project No.:

DRAFT: Inspection Truck Data Storage are enclosed.

The entire OCC package, which includes the project specific availability for the above referenced contract, must be included in the bid documents. Please note that the enclosed package is solely for this project.

If there are questions, please contact Contract Compliance Manager, Max Lipscomb at (404) 546-7867 cc: File China Williams, DOP Arthur Triche, OCC

September 21st, 2026

RE: Project No.: DRAFT: Inspection Truck Data Storage

Dear Prospective City of Atlanta Bidder:

The above-mentioned contracting opportunity has been designated for competition by and between City of Atlanta Certified Small Business Enterprises (SBEs) only. The Office of Contract Compliance (OCC) information is an integral part of every City of Atlanta bid. All Bidders are required to make efforts to demonstrate compliance with all program requirements at or prior to the time of Bid opening, or upon request by OCC. Sheltered market program requirements mandate that the successful City of Atlanta Certified SBE awardee self-perform a percentage of the work scope associated with the contract. The successful proponent will receive participation credit for the dollar value of its self-performance. Bidders are required to ensure that all prospective subcontractors, vendors, suppliers, and other potential participants are not denied opportunities to compete for work on a City contract and afford all firms, including Small Business Enterprises (SBE) opportunities to participate in the performance of the business of the City to the extent of their availability, capacity and willingness to compete. Pay close attention to the specific SBE sheltered market goals for this project and the SBE sheltered market program reminders listed on page 5.

Additionally, as the City of Atlanta is developing its Small Business Enterprise database, prime bidders are encouraged to utilize OCC’s EBO/SBO Program certification application to achieve SBE certification. All firms interested in bidding on this project must be certified as a SBE with the City of Atlanta or have an application for SBE certification submitted to OCC no later than the date and time of the bid opening. City of Atlanta Certified SBE prime proponents must meet the size standards of the United States Small Business Administration Guidelines related to restaurant operators/owners [see 13 C.F.R. § 121.201 (and further explained in 13 C.F.R. §§ 121.104 through 121.107)]. These requirements may be accessed via the internet by visiting: http://ecfr.gpoaccess.gov/ and choosing “Title 13- Business and Credit” from the browse-able drop-down field.

If you have any questions about the information included in this section of the solicitation, please contact the City of Atlanta Office of Contract Compliance at (404) 330-6010.

The City of Atlanta looks forward to the opportunity to do business with your company.

CITY OF ATLANTA

SUITE 5100Andre Dickens Mayor

OFFICE OF CONTRACT COMPLIANCE

Rocsean Spencer Director RSpencer@atlantaga.gov

68 MITCHELL STREET

ATLANTA, GA 30303

(404) 330-6010 Fax: (404) 658-7359 Internet Home Page: www.atlantaga.gov

SUITE 5100Andre Dickens Mayor

OFFICE OF CONTRACT COMPLIANCE

Rocsean Spencer Director RSpencer@atlantaga.gov

68 MITCHELL STREET

ATLANTA, GA 30303

(404) 330-6010 Fax: (404) 658-7359 Internet Home Page: www.atlantaga.gov i.

Table of Contents

i

SMALL BUSINESS OPPORTUNITY SHELTERED MARKET

POLICY STATEMENT

It is the policy of the City of Atlanta to promote full and equal business opportunity for all persons doing business with the City. On a contract-by-contract basis, the director of the office of contract compliance in consultation with the Chief Procurement Officer will designate certain procurements as sheltered market procurement opportunities. The purpose of the Small Business Opportunity Sheltered Market Program is to ensure that the City of Atlanta has a robust race-neutral approach to promoting full and equal business opportunity for all persons doing business with the City of Atlanta. Additionally, The City seeks to promote the growth and development of small businesses through mandated self-performance of minimum threshold portions of the scope of the contracting opportunities. Under the provisions relative to sheltered market procurements contained within the City’s SBO Ordinance, an SBE Prime awardee must perform at least a given percentage of the contract. This provision [Sec. 2-1362 (b)(4)] limits the amount of subcontracting an SBE may enter into with other firms when performing these types of contracts. The provisions are as follow:

a. Construction: For general and heavy construction contractors, at least 15 percent of the cost of the contract, not including the cost of materials, must be performed by the SBE prime contractor with its own employees. For special trade construction, such as plumbing, electrical, or tile work, this requirement is 25 percent.

b. Manufacturing: At least 50 percent of the cost of manufacturing, not including the cost of materials, must be performed by the SBE prime contractor

c. Services: At least 50 percent of the contract cost for personnel must be performed by the SBE prime contractor's own employees.

The City believes this approach assists in its’ effort to promote commerce by assisting SBEs to actively participate in the City’s procurement process ensuring that the City of Atlanta utilizes programs that provide it with the best possible resources. OCC’s SBO Sheltered Market documentation required submittals for this project are contained on pages 6 through 10.

Implementation of SBO Sheltered Market Program

The sheltered market designation shall be made only when there is a reasonable expectation that bids will be obtained from at least three responsible COA certified SBEs and that the award will be made at a fair market price. The director of the Office of Contract Compliance and Chief Procurement Officer may agree, with consultation and agreement with the Commissioner of the user agency or his or her designee, to designate certain contracts of a pre-determined expected dollar value for competition by and between SBEs only, except for those contracts pertaining to Municipal Street Systems, as described in O.C.G.A. § 32-4-1 et seq., pertaining to public works construction as described in O.C.G.A. § 36-91-1 et seq. or other projects for which a sheltered market would conflict with state law. A sheltered market procurement of a single acquisition or a class of acquisitions may be total or partial. The director of the Office of Contract Compliance and the Chief Procurement Officer may designate a portion of an acquisition as a sheltered market procurement, except for construction.

OCC Review of Bidder Submissions

The Office of Contract Compliance shall determine whether a Bidder has satisfied “certified SBE prime proponent” requirement of the sheltered market program and will determine whether a Certified SBE Prime proponent has satisfied the good faith efforts requirement of section 2-1372 based on its review of the Covenant of Non-discrimination, the Outreach Efforts Documentation, the SBE Project Participation Plan, and its review of other relevant facts and circumstances. In reviewing the documents submitted by a Bidder to determine whether the Bidder has satisfied the good faith outreach practices requirement of this section, the Office of Contract Compliance will consider, among other things, the total project dollars self-performed, subcontracted to, and/or expended for services performed by all businesses (including certified SBEs), whether such businesses perform Commercially Useful Functions in the work of the contract based upon standard industry trade practices, whether any amounts paid to Supplier businesses are for goods customarily and ordinarily used based upon standard industry trade practices, and the availability of certified SBEs within the relevant NAICS Codes for such Eligible Project.

Small Business Enterprise Program Bid/RFP Submittals

The Covenant of Non-Discrimination, the Outreach Efforts Documentation, the SBE Sheltered Market Project Participation Plan, and any other information required by OCC in the solicitation document must be completed in their entirety by each Proponent and submitted with the other required Bid/RFP documents in order for the Bid/RFP to be considered responsive. Failure to timely submit these forms, fully completed, will result in the Bid/RFP being considered as non-responsive, and therefore, excluded from consideration.

Monitoring of SBO Sheltered Market Program

Upon execution of a contract with the City of Atlanta, the successful bidder's SBE Project Participation Plan will become a part of the contract between the bidder and the City of Atlanta. The SBE Project Participation Plan, all executed subcontract agreements, operating agreements, other contract governing documents, along with all other pertinent records required by OCC as deemed necessary will be placed on file. Said documentation shall be in a format that is established by the Office of Contract Compliance and will be monitored by the City of Atlanta's Office of Contract Compliance for adherence with the plan. The successful bidder will be required to provide specific SBE information on a monthly basis that demonstrates the use of subcontractors and suppliers as indicated on the Subcontractor Project Plan. The failure of the successful bidder to provide the specific SBO information by the specified date each month shall be sufficient cause for the City to withhold approval of the successful bidder’s invoices for progress payments, increase the amount of the successful bidder’s retainage, require joint check issuance, or evoke any other penalties as set forth in the City of Atlanta Code of Ordinances, Section 2-1373.

Implementation of EEO Policy

The City effectuates its EEO policy by adopting racial and gender work force availability for every contractor performing work for the City of Atlanta. These percentages are derived from the work force demographics set forth in the 2000 Census EEO file prepared by the United States Department of Commerce for the applicable labor pool normally utilized for the contract.

Monitoring of EEO Policy

Upon award of a contract with the City of Atlanta, the successful bidder must submit a Contract Employment Report (CER), describing the racial and gender make-up of the firm's work force. If the CER indicates that the firm's demographic composition does not meet the adopted EEO goals, the firm will be required to submit an affirmative action plan setting forth the steps to be taken to reach the adopted goals. The CER and the affirmative action plan, if necessary, will become a part of the contract between the successful bidder and the City of Atlanta. Compliance with the EEO requirements will be monitored by the Office of Contract Compliance.

Small Business Opportunity Sheltered Market Goals for this Project

Project No.: DRAFT: Inspection Truck Data Storage s

The dominant NAICS code(s) and trade(s) to be engaged for the above referenced solicitation is:

The above referenced dominant NAICS code(s) was/were used for the purposes of determining the appropriate participation goal(s). However, COA certified SBE Prime proponents responding to this solicitation, and not self-performing the entire scope, may consider any COA certified SBE firm(s) that perform a commercially useful function in the execution of the project to be eligible for participation credit.

The U.S. Small Business Administration Size standard threshold for the above dominant NAICS Code(s) is:

541620-Environmental Consulting Services-19 million 541330-Engineering Services-25.5. million 541512-Computer Systems Design Services-34 million 541370-Surveying & Mapping-19 million

The (Hydraulic Cylinder Components, Pump Repairs and Hose Fabrication Parts and Service) procurement has been designated as a sheltered market opportunity for small business enterprises (SBEs). Therefore, there will be no mandatory subcontractor participation goals included in this solicitation. However, The COA certified SBE proponent who is awarded this project at the prime level must ensure that it self-performs at least the percentage of the proposed contract value as indicated on the page 1 policy statement before making other scopes of work available for subcontracting.

All firms interested in bidding on this project at the prime level must be certified as a SBE with the City of Atlanta or have an application for SBE certification submitted to OCC no later than the date and time of the bid opening. Other certifications such as EBO or DBE will not suffice for this procurement. City of Atlanta Certified SBE prime proponents must meet the size standards of the United States Small Business Administration Guidelines related to restaurant operators/owners [see 13 C.F.R. § 121.201 (and further explained in 13 C.F.R. §§ 121.104 through 121.107)]. These requirements may be accessed via the internet by visiting: http://ecfr.gpoaccess.gov/ and choosing “Title 13- Business and Credit” from the browse-able dropdown field.

If you have any questions about the information included in this section of the solicitation, please contact the City of Atlanta Office of Contract Compliance at (404) 330-6010.

Please be reminded that no Bidder shall be awarded a contract on an Eligible Project unless the Office of Contract Compliance determines that the Bidder has satisfied the good faith efforts requirement of section 2-1372 on such Eligible Project. Details of the OCC review process for determination of non-discrimination are detailed on pages 2 and 3 of this document.

541620-Environmental Consulting Services-19 million 541330-Engineering Services-25.5. million 541512-Computer Systems Design Services-34 million 541370-Surveying & Mapping-19 million

4Small Business Enterprise Sheltered Market Program Reminders

1. Certification. It is the prime contractor's responsibility to verify that all SBEs included on the Subcontractor Project Plan are certified by the City of Atlanta’s Office of Contract Compliance or have a certification application pending with the City of Atlanta’s Office of Contract Compliance.

2. Reporting. The successful bidder must submit monthly SBO program participation reports to the Office of Contract Compliance in a manner as prescribed by the OCC contract monitor of record

3. Subcontractor Contact Form. It is required that bidders list and submit information on all subcontractors they solicit for quotes, all subcontractors who contact them with regard to the project, and all subcontractors they have discussions with regarding the project. Failure to provide complete information on this form will result in your bid being declared non-responsive. For your convenience, fillable versions of the Appendix A documents are available on the OCC webpage should you require additional pages.

4. SBO/EBO Ordinance. The SBO Program is governed by the provisions of the SBO/EBO Ordinance set forth in the City of Atlanta Code Division 12, section 2 - 1356 through 2 -1480. The ordinance can be obtained from the City of Atlanta Clerk's Office at (404) 330-6032.

5. Supplier Participation. In order to receive full SBE credit, suppliers must manufacture or warehouse the materials, supplies, or equipment being supplied for use on the Eligible Project.

6. OCC Registry of Certified Firms. To access OCC's real time registry of vendors (certified or non-certified), visit our Supplier Diversity Management System (SDMS) portal at: https://atlantaga.gob2g.com/?TN=atlantaga

7. Contract Assurance. The Contractor shall not discriminate on the basis of race, color, national origin, sex, religion, or sexual orientation in the performance of this contract. The contractor shall carry out applicable requirements of City ordinance 2-1448 a (2) in the award and administration of any eligible City contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Atlanta deems appropriate. Anti-discrimination provisions based upon religion and sexual orientation are enforceable through the City of Atlanta regulations.

COVENANT OF NON-DISCRIMINATION

The undersigned understands that it is the policy of the City of Atlanta to promote full and equal business opportunity for all persons doing business with the City of Atlanta. The undersigned covenants that we have not discriminated, on the basis of race, gender, or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned further covenants that we have completed truthfully and fully the required forms SBOSM-2 and SBOSM-3. Set forth below is the signature of an officer of the bidding entity with the authority to bind the entity.

Signature of Attesting Party

Title of Attesting Party

On this _____ day of ________________, 20___, before me appeared ______________, the person who signed the above covenant in my presence.

Notary Public

Seal

FORM SBOSM-1

SUBCONTRACTOR CONTACT FORM

SMALL BUSINESS OPPORTUNITY SHELTERED MARKET PROJECT PLAN FOR SUBCONTRACTOR/SUPPLIER UTILIZATION List all subcontractors or suppliers (Majority, SBE and Non-SBE Certified) that were contacted regarding this project.

**Note: Subcontracting is NOT mandatory on sheltered market projects, however if the Certified SBE Prime awardee is not self-performing 100%, they must list self-performance and demonstrate efforts to subcontract with other certified SBE firms at up to 35%

(Yes or No)

FORM SBOSM-2 (Page 1 of 2)

(Yes or No)

Business Ownership Code: AABE - African American Business Enterprise, HABE – Hispanic Business Enterprise, FBE – Female Business Enterprise, APABE – Asian (Pacific Islander) American Business Enterprise (EBO & DBE Certifications will not suffice for this Procurement)

Contact Name (Print): ___________________________________

Date: _____________________________

FORM SBOSM-2 (Page 2 of 2)

SMALL BUSINESS OPPORTUNITY SHELTERED MARKET PROJECT PLAN FOR SUBCONTRACTOR/SUPPLIER UTILIZATION

List all subcontractors or suppliers (Majority, SBE and Non-SBE Certified) that will be used throughout the life of this project.

**Note: Subcontracting is NOT mandatory on sheltered market projects, however if the Certified SBE Prime awardee is not self-performing, they must demonstrate efforts to subcontract with other certified SBE firms at up to 35% The Prime must also list their self-performance on this document.

(yes or no) Joint Venture Partner?

(yes or no)

Value of SBE Proponent Self-Performance $___________________ Self-Performance vs Total Contract Value______% Total SBE Subcontractor % ________

Proponent’s Company Name: _________________________ Contract Name: ___________________________ Contract #: ________

Proponent’s Contact Number:__________________ Diversity Plan Contact Name (Print) :________________________ Date:__________

SBOSM-3

(THIS PAGE SHALL BE SUBMITTED FOR EACH SUB FIRM)

LETTER OF INTENT

Contract #________________________

If Certified, Certification # and Expiration Date:

Work item(s) to be performed by Sub

TOTAL Diversity% Credit Claimed for this Contractor

The bidder/offeror is committed to utilizing the above-named Subcontractor firm for the work described above. The estimated participation is as follows:

Subcontract amount: $ Percent of total contract: %

AFFIRMATION:

The above-named Subcontractor firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above.

By: _______________________________________________________________________ (Print name) (Title)

(signature) (date)

* In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void image1.jpeg