SBE_Language_for_RFP_02.2024_ATTACHMENT_S.pdf

RFP

ATTACHMENT S

SBE PROGRAM AND FORMS

SBE LANGUAGE

FOR RFP SOLICITATIONS

REQUEST FOR PROPOSAL (RFP)

7.0 SMALL BUSINESS ENTERPRISE (SBE) PROGRAM

7.1. Definitions.

7.1.1. The term “Commercially Useful Function” is defined as a business that is directly responsible for providing the supplies or services to Dallas County as required by the solicitation or request quotes, bids or proposals. A firm is considered to perform a commercially useful function when responsible for the execution of a distinct element of the work of a contract and carries out its responsibilities by actually performing, managing and supervising the work involved. Example: A business that stocks sufficient quantities of supplies in direct inventory, which is being held for sale or resale, to cover anticipated future demands for the suppliers is considered to be performing a commercially useful function.

7.1.2. A “Contractor” is defined as one who participates, through a contract or any other contractual agreement in a County funded contract opportunity for work, labor, services, supplies, equipment, materials, goods or any combination of the aforementioned. For purposes of this Section, a Contractor is any individual, company, or other entity seeking to do work for Dallas County regardless of the method used to procure the services or products, including but not limited to bid or solicitation. A Contractor includes but is not limited to a contractor, consultant, or vendor.

7.1.3. The term “Director of Small Business Enterprise” shall mean the Director of the County’s Office of

Small Business Enterprise and/or her/his designee.

7.1.4. The term “Contract Administration” shall mean the County Purchasing Department and/or its designee.

7.1.5. The “Contract Administration Supervisor” shall mean the Purchasing Director and/or his or her designee.

7.1.6. Equal Employment Opportunity Requirements. It is the policy of Dallas County to ensure non-discrimination in the award and administration of contracts. The Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin, disability, veteran status, religion, or sex in the performance of any Dallas County contract.

7.1.7 Good Faith Effort Plan. The plan submitted with a Submittal detailing the Respondent’s efforts to achieve the set aspirational goal or documenting the Good Faith Efforts to meet the goals for all elements the Solicitation. A Good Faith Effort Plan must be submitted with a Submittal for any Dallas County projects in which goals have been established.

7.1.8 Metropolitan Statistical Area (MSA). The Dallas County MSA includes the following counties: Dallas, Tarrant, Denton and Collin.

7.1.9 Small Business Enterprise. It is the policy of Dallas County to support the growth and development of Small Business Enterprise (“SBE”) and ensure that SBEs have an equal opportunity to compete for and participate in Dallas County contracts. Thus, Dallas County Commissioners Court has created the Office of Small Business Enterprise to establish and oversee a Diversity Program to ensure that SBEs have an equal opportunity to compete for and participate in Dallas County contracts. It is Dallas County’s intent to:

• Ensure nondiscrimination in the award and administration of Dallas County contracts.

• Create a level playing field on which small businesses can compete fairly for Dallas County contracts; and

• Ensure that only firms who attempt in good faith to meet the SBE good faith efforts are considered for applicable contract awards.

Consequently, the contractor shall carry out applicable requirements of the good faith effort in its proposal/bid hereunder and, if awarded the contract, the award and administration of the Contract.

7.2 SBE Goals, Good Faith Efforts and Eligibility.

The Director of Small Business Enterprise and the Contract Administration Supervisor set the annual SBE participation contracting/subcontracting aspirational SBE goals for each contract. The contracting/subcontracting goals for this contract will be based on meeting or exceeding the minimum aspirational SBE goal of 40%, unless good cause exists for failing to meet the goal. The SBE aspirational goal is based on the total dollar amount of the contract.

To be eligible for points, firms (contractors and/or subcontractors):

a) Must be certified as an SBE by the following County approved entities: North Texas Regional

Certification Agency (NCTRCA), DFW Minority Supplier Development Council and/or the Women’s Business Council of Southwest, at the time of the proposal/bid submission. Other certifications are not acceptable.

b) 51% or more owned and controlled

c) Firm must be organized as for-profit business

d) To be recognized by the County as a qualified SBE firm, as defined pursuant to Section 3 of the Small Business Act and relevant regulations, an SBE is a firm for which the gross revenues or number of employees averaged over the past three years, inclusive of any affiliates, is as defined by 13 C.F.R. Sec. 121.2; and

e) All eligible firms must also perform a commercially useful function on the project and have a local presence in Dallas County Metropolitan Statistical Area (MSA) in order to be counted for SBE points.

The MSA includes the following counties: Dallas, Tarrant, Denton and Collin.

7.3 SBE Scoring

The maximum number of points to be earned is 15 points. Self-performance and subcontracting may be used to achieve the aspirational goals and earn points.

a) Certified SBE Prime Contractor: 5 points

b) Subcontracting to a Certified SBE Firm: Up to 10 Points

• SBE Participation Percentage between 1% and 9.99% = 2 points

• SBE Participation Percentage between 10% and 19.99% = 4 points

• SBE Participation Percentage between 20% and 29.99% = 6 points

• SBE Participation Percentage between 30% and 39.99% = 8 points

• SBE Participation Percentage meeting or exceeding 40.00% = 10 Points

The SBE or certified sub-contractor aspirational goal is expressed as a percentage of the total dollar amount of the contract going to SBE or certified Sub-Contractor for those areas which the Contractor has sub-contracted or anticipates sub-contracting. The aspirational goal shall also apply to contract amendments that require work beyond the scope of services originally required to accomplish the project.

The Respondent agrees to employ good faith efforts through the award of subcontractors to eligible SBEs and certified firms to the fullest extent possible.

Dallas County’s Good Faith Effort Plan (GFEP) will be used for scoring purposes based upon SBE and other eligible certified firm’s participation. However, all subcontractors and/or suppliers, whether certified or not, must be listed in the GFEP. The information provided in the GFEP Form will be utilized in the development of the final contract/agreement. This form is required and considered to be a part of the response to the RFP. Should the Good Faith Effort Plan or any of the specified documents listed below be incomplete, not signed, and/or not submitted, the proposal/bid may be deemed non-responsive.

7.4 Each Contractor must include with its proposal/bid, the following documents:

• Completed and signed Good Faith Effort Plan, executed by an authorized representative; and

• Completed and signed Small Business Utilization Affidavit, executed by an authorized representative; and

• A signed and executed Subcontractor Intent Form, executed by an authorized representative

(prime and subcontractor).

Note: All forms must be complete in their entirety and submitted as part of a Respondent’s Proposal.

The County reserves the right to accept or reject any certified firm, and in its sole discretion is not bound by the certifying bodies’ determination if the County has a good faith basis for concern regarding the eligibility of the firm to meet SBE guidelines or standards. A Contractor whose proposed certified firm is rejected may contest in writing to the Office of Small Business Enterprise, in accordance with the SBE Policy. The denial of SBE certification by the Office of Small Business Enterprise is excluded from the Dallas County Purchasing Code of Ethics Protests Procedure and is exclusively governed by the appeal process set forth in the SBE Policy.

7.7. SBE Reporting. The Contractor and its subcontractors are required to electronically submit subcontractor payment information using the County’s Compliance Reporting System (CRS), accessed through a link on the Dallas County SBE webpage. The Contractor and all subcontractors will be provided a unique log-in credential and password to access Compliance Reporting System.

Training on the use of the system will be provided by Dallas County’s Office for Small Business Enterprise. After the prime receives payment from the County, electronic submittals will require data entry of the amount paid to each subcontractor listed on the Contractor’s Good Faith Effort Plan.

7.8. Contracting. If awarded the contract, the Contractor agrees to be bound by the policies and guidelines set forth in the County’s SBE Policy, which may be incorporated into the contract. If a conflict exists between the SBE section of the solicitation and the County SBE Policy, the language in the solicitation governs.

MANDATORY

SBE SOLICITATION ATTACHMENTS

SMALL BUSINESS UTILIZATION AFFIDAVIT

It is the policy of Dallas County to encourage the inclusion of qualified Small Business Enterprises (SBEs) to the greatest extent feasible on the County’s construction, procurement and professional services contracts. Neither the County, nor its Contractors and their subcontractors shall discriminate on the basis of race, age, color, religion, national origin, or sex in the award and performance of contracts. In consideration of this policy, Dallas County has adopted the Small Business Enterprise Policy for all County contracts.

Small Business Enterprise Participation Goals

The solicitation bidding plan establishes subcontracting goals and requirements for all prospective bidders to ensure reasonable degree of SBE meaningful business utilization and participation in County contracts. It is the goal of Dallas County that a certain percentage of work under each contract be executed by one or more SBEs. For the purposes of participation percentages, Dallas County does not include amounts paid to the prime by the sub-contractor.

The apparent proposer shall agree to meet the established goals or must demonstrate and document a “good faith effort” to include SBEs in subcontracting opportunities. The apparent proposer who fails to adequately document good faith efforts to subcontract or purchase significant material supplies from SBEs may be denied award of the contract by Dallas County based on the contractor’s failure to be a “responsive” or “responsible” bidder.

By signing below, I agree to provide Dallas County, Small Business Enterprise Department a completed copy of all required forms. I understand that, for the purpose of SBE subcontracting participation, any amounts paid to the prime from the sub-contractor should not be included in the above listed participation amount. Finally, I understand that if I fail to provide all of the required documents within five (5) business days after notification, my bid may be deemed “non-responsive” and I may be denied award of the contract.

Solicitation Number: __________________________ Company Name: ________________________________

Typed or Printed Name of Certifying Official of Company Date

Signature of Certifying Official of Company Title

2/2023

Small Business Enterprise Records Building - 500 Elm Street, Suite 0300, Dallas, TX 75202

Telephone: (214) 653-6021 | E-Mail: sbe@dallascounty.org

Small Business Enterprise Program Utilization Form

Solicitation/Project Name: __________________________________ Solicitation #: ______________________

Firm Name: _________________________________________________ Firm Phone # _______________________________

Firm Address: ____________________________________ City: __________________ State: ____________ Zip: __________________

Compliance Contact: ____________________________ Phone #: __________________________ Email Address: _________________________

Is Your Firm Certified: ______ Certifying Agency: DFWMSDC _____ NCTRCA _____ WBC-Southwest _____ Other: _____________________

Total Bid Amount: ____________________ Amount self-performed: _______________ Percentage self-performed: ____________

Utilization Plan

List the firms that will be utilized on the project. Provide copies of correspondence.

SBE certified subcontractors/suppliers Firm Name & SBE Certification # Tier Person Contacted & Date Address Phone & Email Address Type of Work NAICS

Code Local or

Non-Local Dollar

Amount % of contract

Total $ % https://www.google.com/maps/place/500+Elm+St,+Dallas,+TX+75202/@32.7794863,-96.8098005,17z/data=!3m1!4b1!4m5!3m4!1s0x864e99167723a7e5:0x8c910ae1424388d3!8m2!3d32.7794862!4d-96.8076096 mailto:sbe@dallascounty.org

Telephone: (214) 653-6021 | E-Mail: sbe@dallascounty.org

Non SBE certified subcontractors/suppliers

Firm Name Tier Person Contacted & Date Address Phone & Email Address Type of Work NAICS Code

Local or Non-Local

Dollar Amount

% of Total Contract

Total $ %

Prime Printed Name: ____________________________________ Title: _________________________ Signature: ________________________ Date: ___________________

For Use by SBE Office Only

SBE Compliance Officer: _____________________ Date: ___________________ SBE Notes:

https://www.google.com/maps/place/500+Elm+St,+Dallas,+TX+75202/@32.7794863,-96.8098005,17z/data=!3m1!4b1!4m5!3m4!1s0x864e99167723a7e5:0x8c910ae1424388d3!8m2!3d32.7794862!4d-96.8076096

Telephone: (214) 653-6021 | E-Mail: sbe@dallascounty.org

Good Faith Efforts Form

The Good Faith Efforts Form must be fully completed if the aspirational goal is not met.

1. Did you speak with or receive assistance from a staff member in the Small Business Enterprise

Department?_________ (Y/N) Name of staff member ___________________________

2. Did you utilize a Dallas County SBE vendor list? If not, please explain?

Vendor List Accessed Date of Access

3. Did you provide written notice to potential SBE subcontractors, suppliers, and vendors? Written notice should include plans, specifications, subcontractor/supplier opportunities, and deadline for submission to respondent no less than 7 days before bid submission. Please provide copies of all correspondence, including accepted and rejected SBE bids or proposals, i.e. letters, memos, emails and phone calls.

Firm Name & Address Phone # Person Contacted &

Date

Type of Work NAICS Code

SBE Certification No.

Response to Solicitation

Bid/Quote Amount

Company Selected (Y or N)

4. If applicable, did you participate in the pre-bid meeting? ______ https://www.google.com/maps/place/500+Elm+St,+Dallas,+TX+75202/@32.7794863,-96.8098005,17z/data=!3m1!4b1!4m5!3m4!1s0x864e99167723a7e5:0x8c910ae1424388d3!8m2!3d32.7794862!4d-96.8076096

Telephone: (214) 653-6021 | E-Mail: sbe@dallascounty.org

5. Did you identify and select specific work items to be performed and/or procurement to be fulfilled by SBEs? Please subdivide total contract work into smaller portions or quantities to permit maximum active participation by SBEs.

1. 2. 3.

4. 5. 6.

6. Did you advertise in trade publications or with local advocacy organizations? The advertisement must identify and describe subcontracting opportunities in detail, including a contact person and deadlines. Please provide a copy.

Publication Name Date of Publication

Prime Printed Name: _______________________________ Title: ________________________ Signature: ________________________ Date: ___________________ https://www.google.com/maps/place/500+Elm+St,+Dallas,+TX+75202/@32.7794863,-96.8098005,17z/data=!3m1!4b1!4m5!3m4!1s0x864e99167723a7e5:0x8c910ae1424388d3!8m2!3d32.7794862!4d-96.8076096

DALLAS COUNTY

SUBCONTRACTOR INTENT FORM

To: Dallas County - Small Business Enterprise Department Date:

Project Name: Solicitation #:

will provide the following good(s)/service(s):

Subcontractor on the project to Prime Contractor on the project

SBE subcontractor is certified by the following agency: ______ DFW Minority Supplier Development Council ______ NCTRCA ______ Women’s Business Council SW

SBE Certification #: (Certification must be kept current/valid for the entire duration of this contract. Failure to comply with this provision could be subject to removal from contract.)

For the purposes of SBE subcontracting participation, Dallas County does not include amounts paid to the prime by the sub-contractor.

Total Contract Amount for prime: $ Estimated Work Start Date:

Sub Participation Amount: $ % Estimated Work End Date:

The undersigned intends to enter into a formal agreement with the subcontractor listed, conditioned upon being awarded the Dallas County contract. The undersigned understands that, for the purpose of SBE subcontracting participation, any amounts paid to the prime from the sub-contractor should not be included in the above listed participation amount. Before any subcontractor/supplier substitutions are made, the prime contractor must submit an SBE Substitution Request Form to The SBE Department for approval. Failure to comply with these provisions could result in termination of the contract, sanctions against the prime contractor, and/or ineligibility for future Dallas County contracts. The subcontractor's participation will be entered in B2GNow, Dallas County's compliance system, based upon this intent form.

Officer’s Signature (Prime Contractor) Officer’s Signature (Subcontractor)

Printed Name (Prime Contractor) Printed Name (Subcontractor)

Title (Prime Contractor) Title (Subcontractor)

Date Date

Please select or list all Chambers or Advocacy groups you are a member of:

Prime Sub Greater Dallas Asian American Chamber of Commerce Greater Dallas Black Chamber of Commerce Greater Dallas Hispanic Chamber of Commerce U.S. Pan Asian American Chamber of Commerce Asian Contractors Association Regional Black Contractors Association Regional Hispanic Contractors Association

9/2023