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Home My WebLink AboutR84-85 minority business enterprise program for airportCommissioner Mott moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84 -85 BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado, that, on this 27th day of September, 1984, it hereby adopts the following Minority Business Enterprise Program for Eagle County Airport, Eagle, Colorado, owned and operated by Eagle County, Colorado. 5 MINORITY BUSINESS ENTERPRISE PROGRAM for EAGLE COUNTY AIRPORT EAGLE, COLORADO Owned and Operated by EAGLE COUNTY, COLORADO 1 TABLE OF CONTENTS Page Introduction i Policy Statement -1- I. Minority Business Enterprise -2- II. Certification of Eligibility of Minority Business Enterprise -3- III. Percentage Goals for Dollar Value of Work to be Awarded to MBEs -4- IV. Procedures for Naming MBEs in Bids -6- V. Selection Criteria for Awarding Prime Contracts to Bidders -6- VI. Leasing Goals -8- VII. Records and Reports -9- VIII. Terms of the MBE Program -9- t- INTRODUCTION Department of Transportation (DOT) Regulation 49 CFR Part 23 requires that certain recipients of DOT financial assistance 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. i 3 POLICY STATEMENT It is the policy of The Board of Commissioners, Eagle County, Colorado, here- inafter referred to as the SPONSOR, that Minority Business Enterprises (MBEs) as defined in DOT Regulation 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 Business Enterprises have the maximum opportunity to compete for and perform contracts. The SPONSOR and its con- tractors 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 activities of Eagle County Airport, and to local business and community organizations, both minority and non - minority. Adopted September 9-7 , 1984, by resolution of The Board of County Commissioners, Eagle County, Colorado. Gl TJ KAitb T=xpl , Chairman -1- I. MINORITY BUSINESS ENTERPRISE 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 eligibility of MBEs under DOT 49 CFR Part 23, and will show source of the certi- fication 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 consider the types of pro- jects 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 identi- fying certified MBEs and to meet MBE goals for contracts. -2- II. CERTIFICATION OF ELIGIBILITY OF MINORITY BUSINESS ENTERPRISES The SPONSOR shall certify the eligibility of MBEs and joint ventures involv- ing 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 subcontractors 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 subcontractor with a certi- fied MBE. If efforts are not successful, the prime contractor will provide evidence of such efforts to the SPONSOR. Substitution of a non -MBE sub- contractor must have the prior approval of the SPONSOR. Any business, including the partner in a joint venture, that desires to partici- pate as a 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 Exhi- bit 2). The required schedules must accompany the MBE bid or proposal to the SPONSOR at the time bids are opened. A business desiring to participate as a 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 SPON- SOR, any DOT element, or other Federal agency that uses essentially the same definition and ownership and contract 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 disadvantaged individuals under section 8(a) of the Small Business Act, as amended. -3- III. PERCENTAGE GOALS FOR DOLLAR VALUE OF WORK TO BE AWARDED TO MBES Goals established for work to be award to MBEs will be based on the following: 1. A review of past awards to contractors and identification 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 avail- able in the immediate areas. Goals are established as follows: 1. Overall Goals (9/1/84 - 8/31/85) - The overall percentage goal for the dollar value of work to be awarded to MBEs participating as prime or subcontractors 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 _ Potential MBE Contracts (dollars) Percentage Goal 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. zz } Initially, based on past experience, it is considered reasonable to establish an overall goal of t,,. percent of Federally funded pro- jects to be awarded to minority owned business firms and onaper- cent to women owned firms. The SPONSOR will publish a notice announcing these goals, and a description of how they were deter- mined. This information will be made available for inspection dur- ing 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 be sent, and shall be published in general circulation 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 sub- contractor, 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 determined by dividing the total estimated dollar value of the contract. Specific Contract Potential MBE Contracts (dollars) MBE Percentage = Goal Total Estimated Cost of Prime Contract (dollars) -5- Separate specific contract percentage goals will be set for MBEs owned and controlled by minorities and those owned and controlled by women. 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 rea- sonable 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 subcon- tractors, 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 successful bidder to meet the MBE goals established for the contract. Agreements between a bidder and a MBE in which the MBE promises not to provide subcontracting quotations to other bidders is expressly pro- hibited by CFR 49 Part 23. V. SELECTION CRITERIA FOR AWARDING PRIME CONTRACTS TO BIDDERS Prime Contracts shall be awarded in the following order of preference: 1. The competitor offering the lowest and most reasonable price and meeting the MBE contract goal. 2. The competitor offering a reasonable price and who in the judg- ment of the SPONSOR has made a reasonable and good faith effort to secure MBE participation, based on the following documented information: M9 V. SELECTION CRITERIA FOR AWARDING PRIME CONTRACTS TO BIDDERS (Continued) a. Whether the contractor attended any pre -bid meetings that were scheduled by the SPONSOR to inform MBEs of subcon- tracting opportunities; 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 (noti- fication 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 contract is being solicited; d. Whether the contractor provided interested MBEs with ade- quate information about the plans, specifications and require- ments of the contract; and e. Whether the contractor negotiated in good faith with interested MBEs, not rejecting MBEs as unqualified without sound reasons based on a thorough investigations of their capabilities. (NOTE: These procedures are based on the provisions of the final rule amending 49 CFR Part 23 for Participation by Minority Busi- ness Enterprises in the Department of Transportation Programs (Federal Register, Monday, April 27, 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: 1. The ability, capacity, and skill of the bidder to perform the contract; 2. Whether the bidder can perform the contract within the time specified, without delay or interference; 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder; 4. The quality of performance of previous contracts; 5. Previous and existing compliance by the bidder with laws and ordi- nances relating to the contract. -7- 3 V. SELECTION CRITERIA FOR AWARDING PRIME CONTRACTS TO BIDDERS (Continued) 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 con - tractual services to the particular use required. 8. The ability of the bidder to provide future maintenance 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. Bidders that fail to meet MBE contract goals and who, in the judgment of the Sponsor, fail to demonstrate sufficient reasonable and good faith efforts to secure MBE participation shall not be eligible to be awarded a contract. To ensure that all obligations under contracts awarded to MBEs are met, the SPONSOR shall review the contractor's MBE involvement efforts during the performance 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 subcontractors. 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. VI. LEASING GOALS The SPONSOR will establish goals for the participation 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 which will require execution in the fol- lowing year, and the potential MBE firms in a reasonable geographic area which could provide the goods or services involved. VII. RECORDS AND REPORTS To monitor the progress of this MBE program, the SPONSOR will main- tain 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 September 1, 1984. 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 overall goals for the following year will be submitted to the FAA Regional Civil Rights Office. EXHIBIT 1 Schedule A - Information for Determining Minority Business Enterprise eligibility 1. Name of firm L Address of firm 3. Phone Number of firm 4. Indicate whether firm is sole proprietor- ship, partnership, joint venture, corporation or other business entity (please specify)_ 5. Nature of firm's business S. Years firm has been in business 7. Ownership of firm: Identity 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. 8. 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 -to-day 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 e. Hiring and 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 has an ownership interest in or a present business relationship with the named firm. Present business relationships include shared space, equipment, financing, or employees as well as both firms having some of the same owners. 12. What are the gross receipts of the firm for each of the lust two years? Year ending f Year ending f 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 9IBE 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,lf, 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 or 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 state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and decd. (Seal) Notary Public Commission expires awsuucr schedule B—lr •_,''oration for Determining Joint Venture Eligibility (This form need not be titled in if all joint ttanture firms are minority owned.) L Name of joint venture L Address of joint venture L Phone number of joint venture 4. Identify the firms which comprise the Joint venture. (The GIBE partner must com- Pleto Schedule A.) (a) Describe the role of the 118E firm in the joint venture. ?, eseribe very briefly the experience and business qualifications of each non -1fSE Joint venturer. S. Nature of the pint venture's business L Provide a copy of the joint vent•:re agreement. 1. What is the claimed percentage of 118E ownership? S. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement provided by question 6.) (a) Profit and loss sharing. (b) Capital contributions, including equipment. (c) Other applicable ownership interests. S. Control of and participation in this con- tract. Identify by name, race, sex, 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 alanagomcnt decisions, such as: (1) Estimating (t•) Marketing and sales (d) Hiring and firing of management per- sonnel (s). Purchasing of major items or supplies e) Supervision of field operations Note.—If, 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 ehnnre in the Information submitted, the joint venture must inform tite flrnntee, either directly or lhraugh the prime contractor if the pint renttte 13 A, subcontractor. s Affidavit 'ft undersigned swear that the fore - Ong statements arc correct and include all material information necessary to Identify and explain the terms and oper- ation 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- flat misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements Name of Firm Name of Firm Signature Signature Name Name Title Title Date Date" Date State of County of On this day of _, 19, before me appeared (Name) _ , to in Personally known, who, being 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 decd. Notary Public Commission expires (Seal) Date State of County of on this _ day of _; 19_, before appeared (Natnc) , to personally known, who, bciigt duly sworn, did execute the foregoing Affidavit, and did state that he ar she was Properly nutiwrized by (Nnmc O f f irm) to execute tite affidavit and did so as he or her free act and deed. Notary Public Commission expires "No Commissioner Williams seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner W. Keith Troxel aye Commissioner David E. Mott aye Commissioner Dan Williams aye This Resolution passed by unanimous vote of the Board of County Commissioners of the County of Eagle, State of Colorado.