HomeMy WebLinkAboutR86-030 updated minority business enterprise at airportCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 86- &0
UPDATED MINORITY BUSINESS ENTERPRISE PROGRAM FOR EAGLE
COUNTY AIRPORT, EAGLE, COLORADO.
BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado, that, on this 24th day
of March 1986, it hereby adopts the following Updated Minority
Business Enterprise Program for Eagle County Airport, Eagle,
Colorado, owned and operated by Eagle County, Colorado.
INTRODUCTION
Department of Transportation (DOT) Regulation 49 CFR Part
23 requires that certain recipients of DOT financial assis-
tance must devise Minority Business Enterprise (MBE) programs
to increase MBE participation in the performance of contracts
financed with Federal funds.
All Grant Agreements issued under the Airport and Airway
Improvement Act of 1982 for Airport Improvement Program (AIP)
projects require that the recipient of Federal funds under
such agreements implement a Minority Business Enterprise (MBE)
program. The program must meet the provisions of DOT 49 CFR
Part 23 and must be approved by the Regional Civil Rights
Office of the Federal Aviation Administration in order for the
recipient to receive and use Federal funds for airport
projects.
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POLICY
It is the policy of The Board of Commissioners, Eagle
County, Colorado, hereinafter referred to as the SPONSOR, that
Minority Business Enterprises (MBEs) as defined in DOT Regula-
tion 49 CFR Part 23 shall be afforded the maximum opportunity
to participate in the performance of contracts which are
funded in whole or in part through the Airport Improvement
Program (AIP).
The SPONSOR will take necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that Minority Busi-
ness Enterprises have the maximum opportunity to compete for
and perform contracts. The SPONSOR and its contractors shall
not discriminate on the basis of race, color, national origin,
or sex in the award and performance of DOT assisted contracts.
This Policy Statement will be made known to all activi-
ties of Eagle County Airport, and to local business and
community organizations, both minority and non - minority.
Adopted March 24, 1986, by resolution of The Board of
County Commissioners, Eagle County, Colorado.
T
Donald Welch, Chairman
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Y
I. MINORITY BUSINESS FNT?RPRISE DIRECTORY
The SPONSOR will have available a directory which
lists MBEs showing their capabilities relevant to
general contracting requirements and to particular
situations. The MBE Directory will indicate the elegi-
bility of MBEs under DOT 49 CFR Part 23, and will show
source of the certification of eligibility of MBEs.
Eligible MBEs will be listed in the MBE Directory
with at least the following elements of information:
Name and Address of Firm
Type of Business - Skills
Ownership (Minority or Woman Owned)
Key Individuals of Firm
The SPONSOR will make use of directories which are
available from the Small Business Administration (SBA),
the Colorado Office of Minority Business Enterprise, the
Program Management Center - Region VIII (FAA), and any
other local sources to prepare its MBE directory.
In preparing its Directory, the SPONSOR will consi-
der the types of projects to be accomplished; number of
MBEs in the reasonable geographic area; past experience
with MBEs who have completed work for the SPONSOR as
prime or subcontractors; and information contained in
available and current MBE directories.
The directory will be made available to bidders to
assist them in identifying certified MBEs and to meet MBE
goals for contracts.
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II. CERTIFICATE OF ELIGIBILITY OF MINORITY BUSINESS
The SPONSOR shall certify the eligibility of MBEs
and joint ventures involving MBEs that are owned and
controlled by minorities or women and are named by firms
bidding on contracts of the SPONSOR which are Federally
assisted. Eligibility standards are those listed in
Section 23.53, 49 CFR Part 23. The SPONSOR may accept
certifications made by other DOT grant applicants.
Substitution of subcontractors by prime contractors
before bid opening and during contract performance must
be approved by the SPONSOR.
Upon award of the contract, the SPONSOR will require
the prime contractor to submit the list of MBE subcon-
tractors for the project. Any termination of a MBE will
be reported to the SPONSOR. The contractor will make a
reasonable effort to replace the terminated MBE subcon-
tractor with a certified MBE. If efforts are not suc-
cessful, the prime contractor will provide evidence of
such efforts to the SPONSOR. Substitution of a non -MBE
subcontractor must have the prior approval of the
SPONSOR.
Any business, including the partner in a joint
venture, that desires to participate as an MBE, shall
complete and submit Schedule A (see attached Exhibit 1)
to the SPONSOR. Any business desiring to participate as
a joint venture MBE shall complete and submit Schedule A
and Schedule B (see attached Exhibit 2). The required
schedules must accompany the MBE bid or proposal to the
SPONSOR at the time bids are opened.
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A business desiring to participate as an MBE may not
be required to submit Schedule A or B under the following
circumstances:
1. The potential MBE contractor states in writing that
it has previously submitted the same information to
or has been certified by the SPONSOR, any DOT
element, or other Federal agency that uses essen-
tially the same definition and ownership and con-
tract criteria as the DOT.
2. The potential MBE contractor has been determined by
the Small Business Administration to be owned and
controlled by socially and economically disadvan-
taged individuals under section 8(a) of the Small
Business Act, as amended.
III. PERCENTAGE GOALS FOR DOLLAR VALUE OF WORK TO BE AWARDED
TO MBEs
Goals established for work to be awarded to MBEs
will be based on the following:
1 A review of past awards to contractors and identifi-
cation of those contractors that were MBEs.
2. Identification of past work which could have been
done by MBEs.
3. The types of contracts anticipated for award during
the period of this MBE program (one year from
effective date).
The SPONSOR will use available data including
directories of Federal, State, and local agencies to
determine the availability of MBEs within the immediately
adjacent counties, and in a reasonably wider geographic
area, if a particular contract requires work for which no
MBEs are available in the immediate areas.
Goals are established as follows:
1. Overall Goals (1/1/86 - 12/31/86) - The overall
percentage goal for the dollar value of work to be
awarded to MBEs participating as prime or subcon-
tractors will be determined by dividing the esti-
mated dollar total of work that could be performed
by available and qualified MBEs under the prime
contract or subcontract, by the estimated dollar
total of the Federally funded projects anticipated
during the period.
Overall MBE
Percentage Goal: Potential MBE Contracts (dollars)
Anticipated Federally Funded Contracts
(Dollars)
Separate overall percentage goals will be set for
MBEs owned and controlled by minorities, and those
owned and controlled by women.
For the year 1986, based on past experience, it
is considered reasonable to establish an overall
goal of three percent of Federally funded projects
to be awarded to minority -owned business firms and
one percent to women- owned. The SPONSOR will
publish a notice announcing these goals, and a
description of how they were determined. This
information will be made available for inspection
during normal business hours at the principal office
of the SPONSOR for 30 days following the date of the
notice and it will be noted that the FAA and the
SPONSOR will accept comments of the public on the
goals for 45 days from the date of the notice. The
notice shall include addresses to which comments may
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be sent, and shall be published in general circula-
tion media and available minority -focus media and
trade association publications, and shall state that
the comments are for informational purposes only.
2. Goals for Specific Contracts - The percentage goals
for the dollar value of work to be awarded to MBEs
for a specific project will be established at the
time the grant application is submitted. Upon
determination of the total scope of work of the
project, and the estimates of the total project
cost, the SPONSOR will identify the work items which
could be awarded to a prime contractor or subcon-
tractor, and the approximate dollar value of the
prime contract and each subcontract item. Using the
MBE Directory, and other available information on
the location, capability, and availability of
qualified MBEs, the potential subcontract items
and /or prime contract which could be performed by
MBEs will be noted. The goals for the dollar value
of work to be awarded to MBEs will then be deter-
mined by dividing the total estimated dollar value
of the contract.
Specific Contract
MBE Percentage Goal: Potential MBE Contracts (dollars)
Total Estimated Cost of Prime
Contract (dollars)
Separate specific contract percentage goals will be
set for MBEs owned and controlled by minorities and
those owned and controlled by women.
am
IV. PROCEDURES FOR NAMING MBEs IN CONTRACT BIDS
On all solicitations for bids on Federally funded
contracts, the SPONSOR shall state the goals for the use
of MBEs. Solicitations shall require all bidders to
submit with their bids written assurance that sufficient
reasonable efforts will be made to meet the goals.
The solicitations will include a date, within a
reasonable time after the opening of bids and before the
award of the contract, when the apparent successful
bidder will be required to submit the names of MBE
subcontractors, a description of the work each is to
perform, and the dollar value of each proposed MBE
contract. At that time the SPONSOR will evaluate the
reasonable and good faith efforts of the apparent suc-
cessful bidder to meet the MBE goals established for the
contract.
Agreements between a bidder and an MBE in which the
MBE promises not to provide subcontracting quotations to
other bidders is expressly prohibited by 49 CFR Part 23.
V. SELECTION CRITERIA FOR AWARDING PRIME CONTRACTS TO
TITTNTIVDQ
Prime Contracts shall be awarded in the following
order of preference:
1. The competitor offering the lowest and most reason-
able price and meeting the MBE contract goal.
2. The competitor offering a reasonable price and who
in the judgment of the SPONSOR has made a reasonable
and good faith effort to secure MBE participation,
based on the following documented information:
a. Whether the contractor attended any pre -bid
meetings that were scheduled by the SPONSOR to
inform MBEs of subcontracting opportunities;
1.
2
3
b. Whether the contractor advertised in general
circulation, trade association, and minority
focus media concerning the subcontracting
opportunities;
C. Whether the contractor provided timely written
notice (notification by regular U.S. mail at
least two weeks before bid opening, where
feasible) to a reasonable number of specific
MBEs stating that their interest in the con-
tract is being solicited;
d Whether the contractor provided interested MBEs
with adequate information about the plans,
specifications and requirements of the con-
tract; and
e. Whether the contractor negotiated in good faith
with interested MBEs, not rejecting MBEs as
unqualified without sound reasons based on a
thorough investigation of their capabilities.
[NOTE: These procedures are based on the provisions
of the final rule amending 49 CFR Part 23 for
Participation by Minority Business Enterprises in
the Department of Transportation Programs (Federal
Register, Monday, April 28, 1981, Volume 46, No.
80).]
To determine the reasonableness of a bidder's
offer, the SPONSOR shall use the same criteria it
would use if the bidder had made the only offer to
perform the contract. In addition to price, the
following criteria shall be used to determine the
lowest and best bidder:
The ability, capacity, and skill of the bidder to
perform the contract;
Whether the bidder can perform the contract within
the time specified, without delay or interference;
The character, integrity, reputation, judgment,
experience, and efficiency of the bidder;
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VI.
4. The quality of performance of previous contracts;
5. Previous and existing compliance by the bidder with
laws and ordinances relating to the contract.
6. The sufficiency of the financial resources and
ability of the bidder to perform the contract or
provide the service.
7. The quality, availability, and adaptability of the
supplies or contractual services to the particular
use required.
8. The ability of the bidder to provide future mainte-
nance and service for the use of the subject of the
contract.
9. The level of MBE participation achieved and the
adequacy of the best effort initiatives.
10. Compliance with the requirements of the bid
proposal.
To ensure that all obligations under contracts
awarded to MBEs are met, the SPONSOR shall review the
contractor's MBE involvement efforts during the perfor-
mance of the contract. The contractor shall bring to the
attention of the SPONSOR any situation in which regularly
scheduled progress payments are not made to MBE subcon-
tractors.
The provisions of this section of the MBE Program
for the SPONSOR shall be reproduced and made a part of
all bid proposals and invitations for bid.
LEASING GOALS
The SPONSOR will establish goals for the participa-
tion of minority -owned firms and women -owned firms in
leases for space on the airport for providing aviation
related and other goods and services on the airport.
The goals for lessees will be reviewed annually and
revised based on past experience, the types of leases
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which will require execution in the following year, and
the potential MBE firms in a reasonable geographic area
which could provide the goods or services involved.
At the present time, because of the limited number
of opportunities present, and the lack of MBE -WBE appli-
cants, the leasing goal is set at 0% MBE, 0% WBE.
VII. RECORDS AND REPORTS
To monitor the progress of this MBE program, the
SPONSOR will maintain adequate records which will reflect
the following:
1. Efforts made to identify and award contracts to
MBEs.
2. The percentage of dollar awards made to MBEs
measured against projected goals.
Records and reports will show information separately
on MBEs owned and controlled by minorities and those
owned and controlled by women.
For those years in which a Federal Grant has been
received, the SPONSOR will submit a report to the FAA
Regional Civil Rights Office showing the actual MBE
percentage goals achieved for AIP contracts issued that
year, as compared to those goals listed in the MBE
Program for the year.
VIII. TERMS OF THE MBE PROGRAM
This MBE Program is effective beginning January 1,
1986. The award of any contract by the SPONSOR after
that date, which involves Federal monies issued under the
AIP Program or other DOT assisted programs requires
compliance with this program. The provisions of this
program will be reviewed at least annually and revised or
amended as required. Notification of this review and the
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overall goals for the following year will be submitted to
the FAA Regional Civil Rights Office.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at
its regular meeting held the 24th day of March, 1986.
LIM
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
Board of County Commissioners
Sa
Donald H. Welch, Chair
B
Y
John F. Loughran,
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Commissioner
Commissioner k- q �/// /'!4 /rJ seconded adop-
tion of the foregoing resolution. The roll having been
called, the vote was as follows:
Commissioner Donald H. Welch
Commissioner Richard L. Gustafson fry
Commissioner John F. Loughran 11 u v'
This Resolution passed by1 /Jfy /i " /iCC //S vote of the Board
of County Commissioners of the County of Eagle, State of
Colorado.
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EXHlBrr 1
Schedule A- Information for Determining
Minority Business Enterprise eligibility
1. Name of firm
3. Address of firm
3. Phone Number o f f irm
!. Indicate whether firm is sole proprietor-
ship, partnership, joint venture, corporation
or other business entity (please specify)_
S. Nature of firm's business
6. Years firm has been in business
T. Ownership of firm: Identify those
who own five percent or more of the firm's
ownership. Columns a and f need to be filled
out only if the firm is less than 100 percent
minority owned.
d e f
Years Owner- Voting
of ship per -
a b d owner- percent- percent -
Name Race Sex ship age age
With firms less than 100 percent minority
owned, list the contributions of money, equip-
ment, real estate, or expertise of each of
the owners.
B. Control of firm: (a) identify by name,
race, sex, and title in the firm those individ-
uals (including owners and non - owners) who
are responsible for day - today management
and policy decision making, including but not
limited to, those with prime responsibility for;
(1) Financial decisions
(2) Management decisions, such as -
a. Estimating
b. Marketing and sales
C. Hiring end firing of management per-
sonnel
d. Purchases of major items or supplies_
(3) Supervision of field operations
8. For each of those listed in question 8,
provide a brief summary of the person's
experience and number of years with the firm,
Indicating the person's qualifications for the
responsibilities given him or her.
10. Describe or attach a copy of any stock
options or other ownership options that are
outstanding, and any agreements between
owners or between owners and third parties
which restrict ownership or control of minor -
Ity owners.
11. Identify any owner (see item 7) or man-
agement official (see item 8) of the named
firm who is or has been an employee of another
firm that tins an ownership interest in or a
present business relationship with the named '
firm. Present business relationships include
shared space, equipment, finnncing, or
employees as well as both firms having some
of the same owners.
12. What are tits gross receipts of the firm
for each of the lust two years?
Year endirg
Year cutting
E
13. Name of bonding company, if any
Bonding limit
Source of letters of credit, if any
14. Are you authorized to do business in
the state as well as locally, including all
necessary business licenses?
15. Indicate if this firm or other firms with
any of the same officers have previously
received or been denied certification or par-
ticipation as an MBE and describe the circum-
stances. Indicate the name of the certifying
authority and the date of such certification
or denial.
Affidavit
"The undersigned swears that the foregoing
statements are true and correct and include
all material information necessary to identify
and explain the operations of (name
Of firm) as well as the ownership thereof.
Further, the undersigned agrees to provide
through the prime contractor or, if no prime,
directly to the grantee current, complete and
accurate information regarding actual work
performed on the project, the payment there-
for and any proposed changes, if any, of the
foregoing arrangements and to permit the
audit and examination of books, records and
files of the named firm. Any material mis-
representation will be grounds for terminat-
ing any contract which may be awarded and
for initiating action under Federal or State
laws concerning false statements."
Note. —If, after filing this Schedule A and
before the work of this firm is completed on
the contract covered by this regulation, there
is any significant cnange in the information
submitted, you must inform the grantee of the
change through the prime contractor o . if no
prime contractor, inform the grantee do ectly.
Signature
Name
Title
Date
Corporate Seal (where appropriate)
Date
State of
County of
On this day of _, 19 , before me
appeared (Name) , to me per-
sonally known, who, being duly sworn, did exe-
cute the foregoing affidavit and did strte that
he or site was properly authorized by (Name of
firm) to execute the affidavit and
did so as his or her free act and decd.
(ScaO
Notary Public
Commission expires
.W
ax
Schedule . 4rarmation for Determining
Joint Venture Eligibility
C" form need not be filled In it au joint
ttentare firms are minority owned.)
L Name of joint venture
!. Address of joint venture
3. Phone number of joint venturo
4. Identify the firms which comprue the
Mal venture. (The 5113E partner must com-
pute Schedule A.)
(tor Deserib:e the role of the 5113E firm in the
Joint venture.
.r
0k )Describe very briefly the experience
and business qualifications of each non -1lBE
Joint venturer.
L Nature of the joint venture's business
4. Provide a copy of the joint vent-.re
agreement.
1. {ghat is the claimed percentage of MBE
ownership!
9. Ownership of joint venture: tThis need
tat be filled in if described in the joint venture
agreement provided by question .
(a) Profit and loss sharing.
Co) Capital contributions, including
equipment.
(e) Other applicable ownership interests.
9. Control of aid participation in this con-
tract. Identify by name, race, sec, and "firm"
those Individuals (and their titles) who are
responsible for day -to-day management and
policy decisionmaking, including, but not lim-
Ited to, those with prime responsioility for:
(a) Financial decisions
Q Management decisions, such as:
(1) Estimating
(3) Markelitb and sales
(9) Hiring and firing of management per-
sonnel
(4).Purehasing of major items or supplies
e) SWervision of field oparations
Noto. lf, after filing this Schedule B and
before the completion of the joint venture-s
work on the contract covered by this regula-
tion, there Is any significant chnnre in the
Information submitted, the joint venture
mud inform the grantee, either directly
or through tlo prime contractor if the pint
Venture is &subcontractor.
MB" s -
AtUdavitH'
h r
Mw undersigned swear that the fore -
going statements are correct and include
W material information necessary to
Identify and explain the terms and open
atian of our joint venture and the intended
Participation by each joint venturer in the
undertaking. Further, the undersigned
covenant and agree to provide to the
grantee current, complete and accurate
Information regarding actual joint venture
work and the payment therefor and any
Proposed changes in any of the joint venture
arrangements and to permit the audit and
examination of the books, records and files
of the joint venture, or those of each joint
venturer relevant to the joint venture, by
authorized representatives of the grantee
a the Federal funding agency. Any mate -
rlal misrepresentation will be ;rounds for
terminating any contract which may be
awarded and for initiating action under
Federal or State laws concerning false
statements."
Hama of Flrm
Signaturo
Name of Firm
Signature
Hama
Name
Title Title
Data Data"
Date
State of
County of
On this day of _, 19_, before
me appeared (Name) , to in
Personally known, who, bein.g duly swo •n,
did executive the foregoing affidavit,
and did state that he or she was properly
authorized by (Name of firm)
to executive the affidavit and did so as
his or her free act and deed.
Notary Public
Commission cxpsres
(Stop
Date
State of
Countyof
On this duy of _, 19_, be(oeo
aigseared (Name) to Personally
krarrn, who, bcingt duly sworn, did execute
the foregoing affidavit, and did stnto Ilot
M or she was Properly nuthurizcd try (Nnme
of firm) to execute the affidavit
and did so as his or her free act and decd.
Notary Puhicc
Commission expires
(eeaq
V
