PURPOSE
It is the policy of the City of Los Angeles to connect City contracting opportunities to more businesses. The City’s Business Inclusion Program (BIP) requires City Departments to direct prime contractors to reach out to minority business enterprises (MBE), women business enterprises (WBE), small business enterprises (SBE), emerging business enterprises (EBE), disabled veteran business enterprises (DVBE), and other business enterprises (OBE) as defined in Executive Directive No. 14. Contractors must assist the City in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises including MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs have an equal opportunity to compete for and participate in City contracts. Bidders will be required to perform and document their outreach using the Business Assistance Virtual Network (BAVN). The Bureau of Contract Administration/Office of Contract Compliance (BCA/OCC) will evaluate the responsiveness of any bid or proposal responding to an advertised contract or opportunity with subcontracting requirements by applying the Business Inclusion Outreach Criteria. The BIP requires the Bidder to make a “Good Faith Effort” to obtain subcontractor participation by MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs which is anticipated by the Board of Public Works to produce levels of participation as stated in the Important Notice to Bidders.
Contract Compliance review is required for all construction before the projects are awarded to the "Lowest Responsive and Responsible Bidder". The Department of Public Works is committed to ensuring full and equitable participation by MBE, WBE, SBE, EBE, DVBE, and OBE subcontracting businesses in the provision of all goods and services to the Department on a contractual basis. Bidders are required to give subcontractors an opportunity to work on Department of Public Works construction projects and to evaluate in good faith, bids or proposals submitted by interested MBE/WBE/SBE/EBE/DVBE/OBE subcontracting firms. Bidders are encouraged to use these firms whenever there is a need to subcontract portions of the work. The purpose of this procedure is to provide guidelines for this process.
REFERENCES
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RESPONSIBILITIES
Bureau of Contract Administration/Office of Contract Compliance (BCA/OCC): BCA/OCC reviews the apparent low bid(s) for each project to determine whether the Bidders complied with City Ordinances and made a "Good Faith Effort” to obtain subcontractor participation.
PROCEDURE
Bidders must submit the required BIP outreach documentation by 4:30 p.m. on the calendar day following the date bids are received by the Board of Public Works. When evaluating the responsiveness of any bid or proposal responding to an advertised contract with subcontracting opportunities, the BCA/OCC shall apply the Business Inclusion Outreach Criteria listed below. The seven criteria are to be applied on a pass/fail basis. A bid/proposal must fully satisfy each of the criteria to be deemed responsive. Failure to fully satisfy any one of the criteria will result in the bid/proposal being deemed non-responsive.
Level of Anticipated Participation
The Bidder has performed a BIP outreach in an attempt to obtain potential subcontractor participation by MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs which could be expected by the Board to produce a reasonable level of participation by interested business enterprises, including the anticipated participation levels set forth in the Important Notice, and to meet the subcontracting expectations for the project.
Attended the Pre-Bid Meeting
The Bidder attended the pre-bid/pre-solicitation meeting scheduled by the Project Manager to inform all bidders of the requirements for the project for which the contract will be awarded. This requirement may be waived if the Bidder certifies in writing that it is already informed as to the project requirements and has participated in a City sponsored or City approved matchmaking event in the prior 12 months.
Required Documentation: a) Attend pre-bid meeting and be listed on the attendance sheet; or b) Submit a letter either by fax to (213) 847-2777 or by mail to the Office of Contract Compliance, 1149 S. Broadway, Suite 300, Los Angeles, CA 90015 requesting a waiver and including prior event attendance documents.
Sufficient Work Identified for Subcontractors
The Bidder has identified the minimum number, as determined by the Board, of specific work items in the project to be performed by subcontractors in order to provide an opportunity for participation by MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs.
Required Documentation: Proof in BAVN of outreach via e-mail in the selected potential work items.
Notifications to Subcontractors
The Bidder must utilize BAVN to provide a notification of its interest in receiving subcontractor bids on the contract to MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs having an interest in participating in the selected work items. All notices of interest shall be provided not less than fifteen (15) calendar days prior to the date the bids/proposals are required to be submitted.
Required Documentation: The Bidder must document that invitations for subcontracting bids were sent to available MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs for each item of work to be performed. The Bidder is required to send notifications to a sufficient number of MBE, WBE, SBE, EBE, DVBE, and OBE subcontractors in each work area, as determined by the City.
Plans, Specifications and Requirements
The Bidder must provide interested subcontractors with information about the plans, specifications and requirements for the selected subcontracting work.
Required Documentation: Information detailing how, where and when the Bidder will make the required information available to the interested subcontractors should be included in Criteria No. 4.
Negotiate In Good Faith
The Bidder must respond to every unsolicited offer sent by a subcontractor registered on BAVN and evaluate in good faith, bids or proposals submitted by interested business enterprises. The Bidder must not unjustifiably reject as unsatisfactory a bid or proposal offered by a registered subcontractor, as determined by the Board.
Required Documentation: a) Copies of any and all MBE/WBE/SBE/EBE/DVBE/OBE bids or quotes received must be submitted prior to the Bidder being awarded the contract; and b) BAVN generated Summary Sheet organized by work area, listing the bids received, the name of the company that submitted the bid, the dollar amount of the bid, the subcontractor selected for each work area, and a reason for selection/non- selection of each subcontractor. If the Bidder elects to perform a listed work area with its own forces, they must include a bid that shows their own costs for the work. Summary Sheets must be submitted by 4:30 p.m. on the first calendar day following the day of the bid submittal deadline.
Bond, Lines of Credit, and Insurance Assistance
Each notification by the Bidder must include an offer of assistance to interested potential MBE, WBE, SBE, EBE, DVBE, and OBE subcontractors in obtaining bonds, lines of credit and insurance.
Required Documentation: The notification must be performed using the BAVN and should be documented in the e-mails sent to the potential interested subcontractors.
Bidders shall submit completed outreach documentation either via the BAVN or prior to being awarded the contract, as specified for each criteria. The Board in its review of the outreach documentation may request additional information to validate and/or clarify that the outreach effort was adequate.
RELATED PROCEDURES
LINKS / ATTACHMENTS
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