OGC-2024-06 Workers' Compensation Security Fund Counsel BDISBO Goal Setting Overview.pdf

Pennsylvania Department of General Services

OGC-2024-06 Workers' Compensation Security Fund Counsel

BDISBO Goal Setting Overview/Pre-Proposal Conference

Issuing Officer – Jordan Kiessling -jkiessling@pa.gov

April 10 ,2024 11:00 am

Offerors may ask questions during the Session, however responses provided during the Session are not official until the question is submitted in writing to the Issuing Officer, Jordan Kiessling at jkiessling@pa.gov.

mailto:jkiessling@pa.gov

What’s the Point?

Diversity Defined

•Diversity is…

• everything that makes us unique,

• our cognitive skills and personality traits, and

• also the things that shape our identity (e.g.

race, age, gender, religion, sexual orientation, cultural background), etc.

Diversity is the Mix Inclusion is making the mix work.

~Andres Tapia

Equity Defined Equity is the fair treatment, access, opportunity, and advancement for all people, while at the same time striving to identify and eliminate barriers that have prevented the full participation of small businesses.

Equity Defined

Inclusion Defined Inclusion is about:

• Small Businesses as prime contractors

• Primes subcontracting with SDB,VBE vendors

• Engaging with vendors representative of the community

Inclusion Defined

Diversity, Equity, and Inclusion

Diversity

Having a seat at the table

Equity

Entering the conversation without barriers

Inclusion

Being heard and having a voice at the table

Small Diverse Business Enterprise (SDB) and Veteran Business Enterprise (VBE) References:

PART I GENERAL INFORMATION

• I-8 New SDB and VBE Goal Information Session

• I-12. Proposals

• I-13. Small Diverse Business and Veteran Business Enterprise Information

PART II PROPOSAL REQUIREMENTS

• II-3. Small Diverse Business Participation Submittal

• II-4. Veteran Business Enterprise Participation Submittal

PART III CRITERIA FOR SELECTION

▪ III-1. Mandatory Responsiveness Requirements

▪ III-3. Evaluation

PART IV STATEMENT OF WORK

▪ IV-5. Contract Requirements—Small Diverse Business and Veteran Business Enterprise Participation

APPENDICES

• Appendix G – Small Diverse Business Participation

• Appendix H– Veteran Business Enterprise Participation

• Appendix K – Model Form SDB VBE Subcontract Agreement - For reference only

A Bidder/Offeror’s failure to meet the SDB participation goal in full and the VBE participation goal in full, or their failure to receive an approved Good Faith Efforts waiver for any unmet portion of either the

SDB or VBE participation goal will result in the rejection of the Bid or Proposal as nonresponsive

Solicitation Specific Goals

Primes are welcome to exceed the goal!

OGC-2024-06 SDB VBE

Professional and Para-Professional Legal Services Only 16% 3%

• Available subcontracting opportunities across the entire state for the applicable services,

• Availability of DGS-verified SDB/VBEs to perform commercially useful functions, and

• Historical analysis of similar projects within the last 3 years.

SDB and VBE Classification

Small Diverse Business

(SDB)

Goal oriented

➢Woman Business Enterprise

(WBE)

➢ Service-Disabled Veteran Business Enterprise (SDVBE)

➢Minority Business Enterprise

(MBE)

➢ LGBT Business Enterprise

(LGBTBE)

➢Disability-Owned Business Enterprise (DOBE)

Veteran Business Enterprise (VBE)

Goal oriented

➢ Veteran Business Enterprise (VBE)

➢ Service-Disabled Veteran Business Enterprise

(SDVBE)

Vendors must self-certify as a Small Business (SB) prior to SDB/VBE validation.

SDBs and VBEs must be certified/valid as of bid close due date and time.

SB Eligibility Requirements

•The business must be a for-profit, United States business.

•The business must be independently owned.

•The business may not be dominant in its field of operation.

•The business may not employ more than 100 full-time equivalent employees.

•The business may not exceed three-year average gross revenues of $47 Million, regardless of business type.

Finding SDBs and VBEs

Utilization Compliance will be closely monitored and enforced http://www.dgs.internet.state.pa.us/suppliersearch http://www.dgs.internet.state.pa.us/suppliersearch

Finding SDB/VBE vendors

• http://www.dgs.internet.state.pa.us/suppliersearch

• Access Search Guide -https://www.dgs.pa.gov/Small%20Diverse%20Business %20Program/Documents/Finding%20SBs%20and%20S DBs.pdf

• Supplier Search assistance available from Issuing Officer or Bureau of Diversity Procurement Liaison http://www.dgs.internet.state.pa.us/suppliersearch https://www.dgs.pa.gov/Small%20Diverse%20Business%20Program/Documents/Finding%20SBs%20and%20SDBs.pdf https://www.dgs.pa.gov/Small%20Diverse%20Business%20Program/Documents/Finding%20SBs%20and%20SDBs.pdf https://www.dgs.pa.gov/Small%20Diverse%20Business%20Program/Documents/Finding%20SBs%20and%20SDBs.pdf

Quick Search

To search or browse ALL Small and Small Diverse

Businesses by Name OR 6-digit SAP Number (option also available through Advanced Search)

IMPORTANT: Always click Reset prior to a new search to clear parameters from previous searches

Hierarchy Category

Number

Name

Segment 44000000 Office equipment and accessories

& supplies

Family 44120000 Office supplies

Class 44121700 Writing

Instruments

Commodity 44121706 Wooden pencils

Advanced Search

Enter a brief code description (e.g. Door)

Select one or more classifications. To pull only SDBs, check “Select all Small Diverse Business Classifications” below. To Include SBs, check “Small Business”.

OR

Browse and select one or more codes. Don’t know the codes you want?

Search for codes at www.UNSPSC.org.

Click arrow to expand Segment for additional codes http://www.unspsc.org/

UNSPSC Commodity Code Search

UNSPSC Commodity Code Search Write down your code selections

Advanced Search

Use multiple filters to restrict your search results to exactly what and where you need.

Search Results

Certified Small Businesses

• Advanced Building Controls LLC

• Advanced Building Performance Inc

• Advanced Cleaning Solutions LLC

Small Diverse Businesses

• Advanced Building Performance Inc

• Advanced Cleaning Solutions LLC

Veteran Business Enterprise

• Advanced Cleaning Solutions LLC

Supplier Profile

SB, SDB & VBE Expiration Dates

SB, SDB & VBE Classifications

Contact Information

Search Results

Certified Small Businesses

• Advanced Building Controls LLC

• Advanced Building Performance Inc

• Advanced Cleaning Solutions LLC

Small Diverse Businesses

• Advanced Building Performance Inc

• Advanced Cleaning Solutions LLC

Veteran Business Enterprise

• Advanced Cleaning Solutions LLC

Excel Export Results – Supplier Contacts

Excel Export Results includes Vendor ID, Supplier Name, Contact Name, Email, Phone, Fax

New Forms and Processes

•SDB/VBE Instructions – SDB-1/VBE-1 READ

•SDB/VBE Participation Submittal – SDB-2/VBE-2

•SDB/VBE Utilization Schedule – SDB-3/VBE-3

•Utilization Schedule – SDB 3.1/VBE-3.1

•Guidance for Good Faith Effort (GFE) Waiver –

SDB-4/VBE-4 READ

•GFE Waiver – SDB-5/VBE-5

Appendix G – SDB Participation Summary

Appendix H – VBE Participation Summary

SDB Submittal Instructions – SDB-1

SDB Submittal – SDB-2

SDB Utilization Schedule – SDB-3

Letter of Commitment SDB-3.1

Only complete if you are an

SDB/VBE

Planning to self-perform to meet stated goal.

Guidance to Document GFE SDB-4

READ, READ, READ

▪ The ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the Offeror of the responsibility to make Good Faith Efforts to meet the stated participation goal.

• Prime must complete all components of the GFE paperwork.

Details/Evidence are important, proof is required.

• Carefully review SDB and VBE submittal Instructions, specifically Section VI of SDB/VBE-1 which lists pertinent items as Fatal errors.

Good Faith Efforts Packet SDB-5

Good Faith Efforts (GFE) Partial or Full Waiver

❑ Identified Items of Work Applicant Made Available to SDBs (Part 1)

❑ Identified SDBs and Record of Solicitations (Part 2)

❑ SDB Outreach Compliance Statement (Part 3)

❑ Additional Information Regarding Rejected SDB Quotes (Part 4)

❑ SDB Subcontractor Unavailability Certificate (Part 5)

SDB GFE Documentation – SDB-5

Complete all five parts

GFE Waiver – Part 1

Identified Items of Work Offeror Made Available to SDBs

GFE Waiver – Part 2

Identified SDBs and Record of Solicitations

GFE Waiver – Part 3

SDB Outreach Compliance Statement

GFE Waiver – Part 4

Additional Information Regarding Rejected SDB Quotes

GFE Waiver – Part 5

SDB Subcontractor Unavailability Certificate

Slide text goes here

How to Meet the Goal

Submittal Forms

1. Complete SDB-2&3/VBE-2&3 by putting your company name as vendor with appropriate percentage commitment to fulfill each goal amount.

2. Complete SDB-2&3/VBE-2&3 by noting SDB vendor on SDB submittal and VBE vendor on VBE submittal with appropriate percentage commitment to fulfill each goal amount.

3. Complete SDB-2&3 /VBE-2&3 by noting same vendor on both SDB-2&3 and VBE-2&3 with highest percentage value commitment on BOTH forms.

3 Scenarios

1. Self-Perform as a DGS-verified SDB and/or VBE Prime vendor

2. Find Separate DGS-verified SDB and VBE vendors

3. Use a DGS Dually-verified SDB/VBE vendor

DGS Dually Verified SDB/VBE

Sample Scenario: Solicitation Participation Goals

SDB = 10% VBE= 3%

Estimated contract value = $1,000.00

Dually-Verified Vendor Instructions If a DGS-verified SDB is dually verified as a VBE, the firm will receive credit towards both the

SDB participation goal and the VBE participation goal as set forth on the SDB and VBE

Participation Summary Sheet. This credit may exceed the participation goal percentage, as shown in the example below.

Example: The SDB participation goal is 10% and the VBE participation goal is 5%. A subcontractor is DGS-verified as both an SDB and a VBE and will perform 10% of the contract work. The prime contractor can satisfy both the SDB participation goal and the

VBE participation goal through that dually verified subcontractor’s performance of 10% of the contract work, unless otherwise agreed to by the parties in writing and approved by

BDISBO and the Issuing Office.

Based on this example, the percentage commitment indicated on SDB-3 for SDB work on this contract would be 10%, and the VBE percentage commitment indicated on VBE-3 on this contract would be 10% as well. These contractual commitments meet the SDB participation goal of 10% and exceed the 5% VBE participation goal for this contract.

Please note that the dually verified SDB/VBE firm only receives 10% of the contract work based on the example above.

Newly Revised

Best Practices

Do’s

• Read the solicitation and all instructions completely.

• Submit SEPARATE SDB and VBE submittal forms.

• Validate subcontractor SDB/VBE status in DGS Supplier Database.

• Ensure that all appropriate forms are completed and signed correctly.

• Submit questions early per the solicitation requirements.

Don’ts

• Make any assumptions.

• Copy SDB submittal paperwork. Download and complete the VBE submittal separately, titles and accuracy matter.

• Skip any portion of the GFE request documentation.

• Forget to verify subcontractor status as current SDB/VBE in DGS Supplier Database.

Pennsylvania Department of General ServicesPennsylvania Department of General Services

Important Notes

NEW Prompt Payment Terms (non- construction) – 7/1/2023

• Bidder/Offeror shall pay SDB/VBEs, after receipt of a proper invoice and all other required documentation from an SDB/VBE, within 10 days after receipt of payment from the Commonwealth.

• Model Form SDB/VBE Subcontractor Agreement (Appendix K)- is provided for informational purposes only. To be completed by award winning vendor only.

REMINDER

Failure to submit fully completed SDB and VBE submittal packets or GFE waiver request documentation will result in removal of your bid for award consideration

Questions?

BDISBO Contact Info

Bureau of Diversity, Inclusion and Small Business Opportunities

North Office Building 401 North Street, Room 611 Harrisburg, PA 17120-0500

717.783.3119 GS-BDISBO@pa.gov

mailto:GS-BDISBO@pa.gov