Transcript Pre-Proposal Meeting SFMTA-2010/11

Pre-Proposal Meeting
Contract No. SFMTA-2011/12-06
Vendor Management Inventory (VMI) Services
(CCO 12-1197)
Chapter 14B: Local Business Enterprise Requirements
June 20, 2012
1 South Van Ness Avenue, 3rd
Floor
San Francisco, CA 94103
Contract Compliance Office
Maria Cordero
SFMTA Contract Compliance Office
One South Van Ness, 6th Floor
San Francisco, CA 94103
Tel: (415) 701-5239
Fax: (415) 701-4347
2
Municipal Code, Chapter 14B
1) Prime Participation by
Certified Local Firms.
2) Sub-consulting Opportunities for
Certified Local Firms.
A certified LBE proposing as a
Prime receives 10% bid bonus
points added to their written and
oral scores.
A 17% availability goal is set on this
contract. Utilize only HRC Certified firms to
meet the 17% goal. A prime proposer is
also required to submit good faith efforts
documentation (GFE). Proposers listing LBE
certified firms to meet a total of 22.95% are
not required to meet the Good Faith Efforts
requirements.
Joint Venture Participation receives
bid bonus points added to their
score depending on their
participation.
3
HRC Forms Required to be Submitted
with Proposal
Forms attached to bid packet as Appendix A
• Form 2A: HRC Contract Participation Form
• Form 2B: HRC “Good Faith Outreach” Requirements Form:
Please review and follow this form in detail.
• Form 3: HRC Non-Discrimination Affidavit
• Form 4: HRC Joint Venture Form
• Form 5: HRC Employment Form
• HRC 12B-101 Form: Equal Benefits (if needed)
4
Bonus Points Application
• A 10% bonus point to a Small or Micro-LBE; or a joint
venture between or among Small or Micro-LBEs; or
• A 5% bonus point to a joint venture with Small or
Micro-LBE participation that equals or exceeds 35%,
but is under 40%; or
• A 7.5% bonus point to a joint venture with Small or
Micro-LBE participation that equals or exceeds 40%;
or
• A 10% bonus point to a certified non-profit entity.
5
Joint Venture/Prime Association
• The LBE joint venture partner must be
responsible for a clearly defined portion of the
work to be performed
• The ratings bonus is applied only when the
LBE partner has sufficient skill, experience,
and financial capacity to perform the portion
of the work identified for the LBE
• The joint venture partners must be of the
same or similar discipline in order to be
eligible for a rating bonus
6
Meeting the Established Goal and Good
Faith Effort Requirements
Two options:
 Proposers meets the 17% goal and submits good faith
effort form 2B, OR
 Proposer exceeds the 17% goal by 35% or more for a total
of 22.95% of the total amount of the bid and do not have to
submit good faith documentation, just check the yes box on
form 2B.
 NOTE: A certified LBE or Micro LBE Prime proposer may
count its own contract work toward meeting the 35% good
faith effort exception, in this case the extra 5.95%.
7
STEPS FOR GOOD FAITH
HRC Attachment 2: Form 2B
• Attend any pre-solicitation or proposal
meetings
• Identify and select sub-consulting
opportunities
• Advertising for LBE sub-consultants
• Contacting LBEs certified to perform work
• Provide adequate information to LBEs
• Negotiate in good faith; advising on
requirements
8
Good Faith Efforts Exemption
Example: Responsive Non-LBE Solo Prime
Firm
LBE
Yes/No
% LBE
Inventory Management Company Inventory
Management
(Prime)
No
0%
ABC Office Supplies
Office Supplies
Yes
8%
Strong Arm Security, Inc. (Sub)
Security Guard
Services
Yes
10%
More and More Customers, LLC
(Sub)
Marketing Services
Yes
7%
Total
LBE
Sub
25%
(Example exceeds the 17% by
utilizing 22.95% or more)
Portion of Work
9
Good Faith Efforts Exemption Example:
Responsive Non-LBE/LBE JV Prime
Firm
Portion of Work
LBE
Yes/No
% LBE
Inventory Management Company
(Prime)
Inventory Management
No
0%
SF Classic Inventory (Prime)
Inventory Management
Yes
15%
Clean as a Whistle Janitorial, Inc.
(Sub)
Janitorial, Building,
Construction, Carpet
Clean-Up and
Maintenance
Yes
8%
Strong Arm Security, Inc. (Sub)
Security Guard
Services
Yes
7%
Total
LBE
30%
Total
LBE Sub
15%
(Example exceeds the 22.95% LBE
utilization by crediting the portion of
the LBE Prime participation in the
Joint-Venture)
10
Good Faith Efforts Exemption Example:
Non-Responsive Non-LBE/LBE JV Prime
Firm
Portion of Work
LBE
Yes/No
% LBE
Inventory Control Company(Prime)
Inventory Control
No
0%
SF Classic Inventory (Prime)
Inventory Control
Yes
15%
Clean as a Whistle Janitorial, Inc.
(Sub)
Janitorial, Building,
Construction, Carpet
Clean-Up and
Maintenance
Yes
8%
Total
LBE
23%
Total
LBE Sub
8%
(Example: DOES NOT meet either
requirement)
11
Good Faith Efforts Requirements
Review Process
• Attending the pre-proposal meeting equals 15
points of the needed 80 points total.
• Advertising no less than 10 calendar days
from the due date allows a total of 10 points.
• Identifying work types allows 10 points; the
work types must be relevant to the scope of
work.
12
Item (4) is the bulk of the allotted points. A total of 45
points will be given for contacting the LBE Certified firms
listed on the HRC’s website at:
http://mission.sfgov.org/hrc_certification/
If there are more than 25 firms certified in a given work
type, contact 25, if less than 25 contact all.
One point for each firm not contacted will be deducted.
13
Documentation is very important.
Item #5 allows a total of 20 points for submitted
documentation, such as phone log, e-mails, faxes; followup information; written notes are acceptable. For each
interested LBE firm that the proposer does not follow-up
with, a point will be deducted.
80 or more points must be achieved in order to meet the
good faith efforts requirements.
Proposals which fail to comply with the material
requirements of S.F. Administrative Code Section 14B.8
and 14B.9, HRC Attachment 2 and this RFP will be
deemed non-responsive and will be rejected.
14
Proposals (including completed fee schedule) must be received by
4:00 PM PST, on July 23, 2012. Postmarks will not be considered
in judging the timeliness of submissions. Proposals may be handdelivered or mailed to the Contract Manager:
Mikhael Hart
SFMTA
One South Van Ness Ave., 3rd Floor
San Francisco, CA 94103
15
Equal Benefits Program
Administered by the San Francisco
Human Rights Commission
SF Human Rights Commission
• The San Francisco Human Rights Commission enforces the City’s
anti-discrimination ordinances including the Equal Benefits
Ordinance contained in San Francisco Administrative Code Chapter
12B
• The successful proposer will be required to agree to comply fully
with and be bound by the provisions of Chapters 12B and 12C of the
San Francisco Administrative Code. Generally, Chapter 12B
prohibits the City and County of San Francisco from entering into
contracts or leases with any entity that discriminates in the provision
of benefits between employees with domestic partners and
employees with spouses, and/or between the domestic partners and
spouses of employees. The Chapter 12C requires
nondiscrimination in contracts in public accommodation.
17
The Equal Benefits Ordinance
• City is prohibited from entering into contract with
an entity that discriminates in the provision of
benefits between employees with spouses and
employees with domestic partners
18
Definition of Domestic Partner
• Ordinance defines domestic partners as same or
opposite sex couples registered with any state or local
government domestic partner registry
• CA domestic partner registry limits opposite gender
domestic partner registration - one person must be over
age 62
• Plans must define domestic partner consistent with
Equal Benefits Ordinance
19
Compliance Process
•
•
Complete Form HRC-12B-101 “Declaration: NonDiscrimination in Contracts and Benefits”
Provide specific supporting documentation confirming
equal coverage
– letters from insurance providers / administrators
– plan documents
– employee handbook
20
Reassurance
• California insurers must sell equal coverage under State
law
• No additional cost for covering domestic partners
• Compliance must be in place at the time contract is
signed
• Ordinance does not mandate coverage, only equal
coverage
• Vendors who comply nationally remain compliant unless
benefits have changed
21
Joint Venture
• Each joint venture partner must be individually
compliant
• The joint venture must submit a Form 101 and
will automatically become compliant when each
partner of the joint venture is compliant
22
Assistance
• Quick Reference Guide on www.sf-hrc.org
website.
• For additional information please contact
the SFHRC at (415) 252-2500.
13