HomeMy WebLinkAboutCouncil Reading File - Example Local Outreach Provisions for ContractsAlameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
PSCBA
ENHANCED CONSTRUCTION OUTREACH PROGRAM
DOCUMENT 00 22 19
Page 1 of 18 Rev 08/1/17
DOCUMENT 00 22 19
ENHANCED CONSTRUCTION OUTREACH PROGRAM (ECOP)
GENERAL
1. PURPOSE
1.1 It is the express purpose of the Enhanced Construction Outreach Program (ECOP)
to encourage the participation in the County of Alameda, General Services Agency
(GSA) capital projects of
Minority Owned Business Enterprise (MBE),
Woman Owned Business Enterprise (WBE),
Local Business Enterprise (LBE) and
Small Local Business Enterprise (SLBE)
And to ensure that all contracting firms receive an equal opportunity to bid and
receive work for this project. The ECOP encourages the inclusion of small
businesses in this contract in accordance with Public Contract Code § 2002.
1.2 By submitting a bid, Bidders acknowledge and agree to all Document 00 22 19
provisions contained herein.
1.3 In the event of conflict between the terms of this Section 00 22 19 and the
PROJECT STABILIZATION / COMMUNITY BENEFITS AGREEMENT for the
COUNTY OF ALAMEDA, the terms of the PROJECT STABILIZATION /
COMMUNITY BENEFITS AGREEMENT for the COUTY OF ALAMEDA shall
take priority.
2. APPLICATION
2.1 The provisions outlined in this Section 00 22 19 apply to this contract for the
construction of the above-referenced project. This project is funded solely with local
dollars, and these provisions shall apply to all work performed under any contract
awarded as a result of this competitive process.
2.2 To be considered for a contract award, any bidder who fails to meet all ECOP goals
identified herein shall be required to demonstrate to the satisfaction of the County that
all good faith efforts (GFEs) were made in accordance with the criteria listed in
Section 7.9, GFE 1-9. Failure of the bidder to demonstrate a good faith effort may
result in the bid being deemed non-responsive.
3. 3 DEFINITIONS
3.1 LOCAL BUSINESS ENTERPRISE (LBE)
Alameda County General Services Agency Project #13023
Cherryland Community Center
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3.1.1 For the purposes of this program, a Local Business Enterprise means a
business that is a firm or dealer with fixed offices located in, and having a
street address within the County and holds a valid business license issued
by the County or a city within the County for at least 6 months prior to the
date upon which a request for sealed bids or proposals is issued.
3.2 MINORITY OR WOMEN BUSINESS ENTERPRISE (MWBE)
3.2.1 For the purposes of this program, an MWBE is a Small Business Enterprise
(SBE), as that term is defined by the State of California, that meets both of the
following criteria:
3.2.1.1 At least 51 percent of the business is owned by one or more minority
persons or women, or in the case of any business whose stock is
publicly held, at least 51 percent of the stock is owned by one or
more minority persons or women; and
3.2.1.2 Whose management and daily business operations are controlled by
one or more minority persons or women.
3.2.2 An MWBE must be certified as such by local agencies identified or
recognized by the County as having effective certification programs. When
the State of California SBE definition is met, validation of the current
certification by one of the following local agencies must be provided with
the bid response:
Bay Area Rapid Transit (BART)
The (CPUC) Supplier Clearinghouse
Western Regional Minority Supplier Development Council (WRMSDC)
Women’s Business Enterprise National Council (WBENC)
3.3 MINORITY PERSON
3.3.1 Minority person, for purposes of this section, means Black Americans,
Hispanic Americans, Native Americans (including American Indians,
Eskimos, Aleuts and Native Hawaiians), Asian-Pacific Americans
(including persons whose origins are from Japan, China, the Philippines,
Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
3.4 SMALL BUSINESS ENTERPRISE (SBE)
3.4.1 For the purposes of this program, an SBE meets the current State of
California definition of a small business, which is one that:
Alameda County General Services Agency Project #13023
Cherryland Community Center
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SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
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Page 3 of 18 Rev 08/1/17
3.4.1.1 Must be independently owned and operated;
3.4.1.2 Cannot be dominant in its field of operation;
3.4.1.3 Must have its principal office located in California;
3.4.1.4 Must have its owners (or officers in the case of a corporation)
domiciled in California; and
3.4.1.5 Together with its affiliates, be either:
3.4.1.5.1 A business with 100 or fewer employees, and an
average annual gross receipts of $14 million or less
over the previous three tax years, or
3.4.1.5.2 A manufacturer with 100 or fewer employees.
3.4.1.6 An SBE must be certified or recognized as such by organizations
whose certification is accepted by the California Department of
General Services or by local agencies identified by the County of
Alameda to have effective certification programs. Validation of
the current certification by one of the following local agencies
must be provided with the bid response:
Alameda County Transportation Commission (Alameda CTC)
California Department of General Services (DGS)
Port of Oakland
and, when the State SBE definition is met, Alameda County (SLEB certification)
3.5 SMALL LOCAL BUSINESS ENTERPRISE (S/LBE)
3.5.1 For the purposes of this program, a Small Local Business Enterprise is
defined by the County of Alameda and means a business that meets the SBE
definition above, and is a firm or dealer with fixed offices located in, and
having a street address within the County, and holds a valid business license
issued by the County or a city within the County.
4. ENHANCED CONSTRUCTION OUTREACH PROGRAM (ECOP) GOALS
4.1 MBE PARTICIPATION SUBCONTRACTING – 15% GOAL
4.1.1 The MBE element of the ECOP program shall include subcontractors,
manufacturers, suppliers and truckers in calculating achievement of the
MBE goal. Any contractor who fails to meet the MBE goals described
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
PSCBA
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DOCUMENT 00 22 19
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herein must demonstrate to the satisfaction of the County of Alameda that
a good faith effort was made to meet these goals in order to be considered
for a contract award.
4.1.1.1 The County shall further require that in order to be awarded a
contract, a prime contractor must show that a good faith effort was
made to provide at least 15% of the total contract amount to MBE
subcontractors, manufacturers, suppliers, and truckers.
4.1.1.2 The MBE goals must be achieved by the use of MBE subcontractors,
manufacturers, suppliers, and/or truckers. If the Contractor plans to
perform all the work with the Contractor’s own forces, the goal will
still apply and must be achieved by the use of suppliers,
manufacturers, and/or truckers.
4.1.1.3 A certified MBE prime contractor may not apply the percentage of
the prime contractor’s work toward meeting the goals as set forth
above. An MBE subcontractor meeting the definition of both an
MBE and a WBE may not be used to achieve both MBE and WBE
required goals. The percentage of MBE firms utilized for the project
described herein can only be applied to either MBE or WBE
required goals. For purposes of meeting the MBE goals for this
project, each participating MBE must be identified as an MBE.
4.1.1.4 Prime contractors are strongly encouraged to sub-contract with
S/LBE certified MBEs to meet the goals.
4.2 WBE PARTICIPATION SUBCONTRACTING – 5% GOAL
4.2.1 The WBE element of the ECOP program shall include subcontractors,
manufacturers, suppliers and truckers in calculating achievement of the
WBE goal. Any contractor who fails to meet the WBE goals described
herein must demonstrate to the satisfaction of the County of Alameda that
a good faith effort was made to meet these goals in order to be considered
for a contract award.
4.2.1.1 The County shall further require that in order to be awarded a
contract; a prime contractor must show that a good faith effort was
made to provide at least 5% of the total contract amount to WBE
subcontractors, manufacturers, suppliers, and/or truckers.
4.2.1.2 The WBE goals must be achieved by the use of subcontractors,
manufacturers, suppliers, and/or truckers. If the Contractor plans to
perform all the work with the Contractor’s own forces, the goal will
still apply and must be achieved by the use of manufacturers,
suppliers, and/or truckers.
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
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ENHANCED CONSTRUCTION OUTREACH PROGRAM
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4.2.1.3 A certified WBE prime contractor may not apply the percentage of
the prime contractor’s work toward meeting the goals as set forth
above. A WBE subcontractor meeting the definition of both an
MBE and a WBE may not be used to achieve both the MBE and
WBE required goals. The percentage of WBE firms utilized for the
project described herein can only be applied to either MBE or WBE
required goals. For purposes of meeting the WBE goals for this
project, each participating WBE must be identified as a WBE.
4.2.1.4 Prime contractors are strongly encouraged to sub-contract with
S/LBE certified WBEs to meet the goals.
4.3 LBE PARTICIPATION GOALS –60% GOAL
4.3.1 The LBE element of the ECOP program shall include subcontractors,
manufacturers, suppliers and/or truckers in calculating achievement of the
LBE goal. Any contractor who fails to meet the LBE goals described herein
must demonstrate to the satisfaction of the County of Alameda that a good
faith effort was made to meet these goals in order to be considered for a
contract award.
4.3.1.1 The County shall further require that in order to be awarded a
contract, a prime contractor must show that a good faith effort was
made to provide at least 60% of the total contract amount to an LBE.
4.3.1.2 The prime contractor may count a portion or all of its work towards
meeting the goal and/or the LBE goal may be achieved by the use of
subcontractors, manufacturers, suppliers, and/or truckers.
4.4 S/LBE PARTICIPATION - 20% GOAL
4.4.1 The S/LBE element of the ECOP program shall include subcontractors,
manufacturers, suppliers and/or truckers in calculating achievement of the
S/LBE goal. Any contractor who fails to meet the S/LBE goals described
herein must demonstrate to the satisfaction of the County of Alameda that
a good faith effort was made to meet these goals in order to be considered
for a contract award.
4.4.1.1 The County shall further require that in order to be awarded a
contract; a prime contractor must show that a good faith effort was
made to provide at least 20% of the total contract amount to an
S/LBE.
4.4.1.2 The prime contractor may count a portion or all of its work towards
meeting the goal and/or the S/LBE goal may be achieved by the use
of subcontractors, manufacturers, suppliers, and/or truckers. For
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
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ENHANCED CONSTRUCTION OUTREACH PROGRAM
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purposes of meeting this goal, the 20% S/LBE participation may
also be counted toward achieving the 60% LBE participation goal
and/or a part of the prime contractor LBE participation.
5. SMALL BUSINESS ENTERPRISE 5% BID PREFERENCE
5.1 Prime contractors who are certified small local businesses (S/LBE) shall be eligible
to receive a 5% bid preference. Prime contractors that subcontract with certified
small local businesses (S/LBE) (in accordance with the Public Contract Code 2002)
for a minimum 40% of the contract amount will also be eligible to receive this 5%
bid preference. This bid preference shall be applied by multiplying the total Base Bid
amount by .95 to determine the bid amount for comparison purposes.
6. HIRING OF LOCAL APPRENTICES, YOUTH, UNEMPLOYED AND
UNDEREMPLOYED RESIDENTS (FOR PROJECTS OVER $125K, BUT UNDER
$1M)
PURPOSE
6.1 The County of Alameda, General Services Agency (GSA), Technical Services
Department (TSD) strongly encourages the hiring of local apprentices, youth,
unemployed and under-employed County residents to complete the work required for
this project. Those firms that can demonstrate the ability and willingness to provide
jobs required to complete this project to local apprentices, youth, unemployed and
underemployed County residents should include such evidence in their bid response.
7. GOOD FAITH EFFORTS, ECOP PACKAGE SUBMITTALS, AND EVALUATION
PROCEDURES
7.1 It is required that bidders exercise a good faith effort to secure the participation, as set
forth in the specifications, of M/W/S/LBE subcontractors, manufacturers, suppliers
and/or truckers on the project. Achievement of the ECOP goals shall constitute prima
facie evidence of a Good Faith Effort (GFE). The failure of any bidder to make a
good faith effort to achieve the specified participation of M/W/S/LBE subcontractors,
manufacturers, suppliers and/or truckers shall be grounds for determining that the bid
is non-responsive.
7.2 Upon request from GSA, the two responsible bidders with the lowest responsive bids
must submit to the Project Manager documentation to support the ECOP goals met,
and the GFEs made. The documentation submitted by each bidder shall be referred
to as the ECOP Package.
7.3 ECOP bid submittal evaluation will initiate following GSA’s determination of the two
(2) responsible bidders who submitted the lowest responsive bids and their submission
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
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ENHANCED CONSTRUCTION OUTREACH PROGRAM
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of the ECOP Package, which shall include, but not be limited to, ECOP Form 101A,
101B, 102A, 102B and 102C (provided separately as Excel fillable forms) and
supporting documentation verifying ECOP goals met and GFEs made. The ECOP
Package is to be submitted by the two (2) responsible bidders who submitted the
lowest responsive bids to GSA no later than 2:00 p.m. on the second business day
following notification and request by GSA.
7.3.1 The individual dollar amounts to be subcontracted to the M/W/S/LBE listed
in the bidder’s proposal will be listed on the S/LBE Participation
Information ECOP Forms 101A and 101B and the M/WBE Subcontractor
Participation Information ECOP Forms 102A, 102B
7.3.2 ECOP Forms 101A, 101B, 102A 102B, 102C (Excel fillable forms), signature
page and supporting documentation shall be delivered to the assigned Project
Manager.
7.4 After the bids are opened, the M/W/S/LBE subcontractors, manufacturers, suppliers
and/or truckers who bid to the two (2) responsible bidders with the apparent lowest
responsive bids are required to provide the amounts of their bids to the County for the
purposes of verification. This information shall be certified by a principal of the
subcontracting firm. To the extent permitted by law, the information provided by the
subcontractors, manufacturers, suppliers and/or truckers will be treated as proprietary,
and will be solely for the use of County staff or its agents.
7.5 Each ECOP Package will be reviewed and evaluated by GSA or its agents within
approximately five (5) business days of receipt unless additional time is needed to
verify the submittals. Bidders must meet all the ECOP goals OR make all the GFEs
(see section 7.9) in order for their bid to be deemed responsive.
7.6 The ECOP Package must be complete, submitted on a CD or flash drive, and contain
legible supporting documents:
7.6.1 ECOP Forms 101A, 101B, 102A,102B and 102C to be completed
electronically and submitted on a CD or flash drive along with the hard copy
signature page and supporting documentation.
7.6.2 Supporting certification documentation for the prime contractor and each
subcontractor, manufacturer, supplier and/or trucker M/W/S/LBEs submitted
in the order they are listed on the ECOP forms must be submitted as
hardcopy
7.6.2.1 To be considered towards meeting the ECOP goals bidders must
submit:
7.6.2.1.1 Acceptable certifying documentation for the prime
contractor and its subcontractors, manufacturers,
suppliers and/or truckers, as applicable (for example,
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
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ENHANCED CONSTRUCTION OUTREACH PROGRAM
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local business license with proof of issue and
expiration date, certification letters with expiration
date).
7.6.2.1.2 Evidence that manufacturers, suppliers, and/or truckers
are providing goods or services to subcontractors (for
example, letter of intent, agreement)
7.6.3 Documents evidencing those good faith efforts that were made, submitted
in the order listed in the table below with the corresponding item number
(1-9) noted on each document.
7.6.4 Evidence of M/W/S/LBE participation (copies of bids, agreements, etc.) for
all listed subcontractors, manufacturers, suppliers, and/or truckers that are not
directly contracting with them (for example, material suppliers to
subcontractors).
7.7 GSA reserves the right, as it may deem appropriate and necessary, to contact the
two responsible bidders who submitted the apparent two lowest responsive bids
during the evaluation process for clarification and/or submission of additional
ECOP Goals or GFE documentation.
7.8 ECOP GOALS / GOOD FAITH EFFORTS REQUIRED
Listed in the table (below) are examples of acceptable documentation to support a determination
that ECOP goals have been met
ECOP GOALS
EXAMPLES OF
ACCEPTABLE
DOCUMENTATION
1 60% Local Business Enterprise (LBE)
LBE participation may consist of the Prime Contractor and
Subcontractors and may count towards the LBE, SBE, MBE
and/or WBE ECOP goals.
Business license issued
by the County of
Alameda or a City
within the County of
Alameda and proof of
date issued (which is at
least 6 months prior to
the date bids were
solicited). OR
Certification letter from
an acceptable certifying
agency* showing a
local address and
issuance/expiration
dates.
Alameda County General Services Agency Project #13023
Cherryland Community Center
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2 20% Certified Small Business Enterprise (SBE)
Certified SBEs must be Local (S/LBE) to be considered.
S/LBE participation may consist of the Prime Contractor and
Subcontractors and may count towards the LBE, SBE, MBE
and/or WBE ECOP goals.
An SBE meets the LBE definition above and the current State
definition of a small business that is <100 employees and
<$14 Million annual gross revenues (over the last three
years).
Same as LBE
PLUS
Current certification
document or letter with
SBE designation*
3 15% Minority-Owned Business Enterprise (MBE)
Subcontractors
MBEs are defined per PCC 2000(e)(1), (e)(2) and (f) and are
not required to be LBEs. An MWBE may count towards only
MBE or WBE participation (not both); however, a local MBE
may count towards both LBE and S/LBE ECOP goals.
An MBE is a minority-owned business certified by one of the
agencies listed below. An MBE can also be an SBE or LBE
for purposes of meeting the SBE or LBE subcontracting
goals, but an MBE cannot also be considered a WBE.**
Current certification
document, letter, etc.,
with MBE
designation**
4 5% Woman-Owned Business Enterprise (WBE)
Subcontractors
WBEs are defined per PCC 2000(e)(1), (e)(2) and (f) and are
not required to be LBEs. An MWBE may count towards only
MBE or WBE participation (not both); however, a local WBE
may count both towards the LBE and S/LBE ECOP goals.
A WBE is a minority-owned business certified by one of the
agencies listed below. A WBE can also be an SBE or LBE
for purposes of meeting the SBE or LBE subcontracting
goals, but a WBE cannot also be considered an MBE.**
Current certification
document, letter, etc.,
with WBE
designation**
* SBE certification from the following agencies is accepted: Alameda County Transportation
Commission (Alameda CTC), California Department of General Services (DGS, Port of Oakland,
and when the State SBE definition is met, Alameda County (SLEB certification).
** When the State SBE definition is met MWBE certification from the following agencies is
accepted:
Bay Area Rapid Transit (BART), the (CPUC) Supplier Clearinghouse, Western Regional
Minority Supplier Development Council (WRMSDC), and Women’s Business Enterprise
National Council (WBENC).
7.9 The examples of GFE Indicators listed in the table below and suggested samples and are
not meant to be mandatory or exclusionary. Other documentation may be acceptable as
Alameda County General Services Agency Project #13023
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BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
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Page 10 of 18 Rev 08/1/17
long as it evidences a GFE. For additional information regarding the ECOP Package
submittals contact the GSA Contract Compliance Officer listed in Section IV below.
Required Good Faith Effort Indicators Examples of Acceptable Documentation
1. The bidder attended mandatory pre-
solicitation or pre-bid meetings that were
scheduled by the local agency to inform all
bidders of the ECOP requirements for the
project for which the contract will be
awarded.
Copy of pre-bid meeting sign-in sheet
(which is e-mailed to attendees and
available on County Current Contracting
Opportunities website listed below). The
name of the firm must be listed.
http://www.acgov.org/gsa_app/gsa/purchasing
/bid_
content/contractopportunities.jsp
2. The bidder identified and selected specific
items of the project for which the contract
will be awarded to be performed by
M/W/S/LBEs to provide an opportunity for
participation by those enterprises.
Copy of advertisements, certified letters,
successfully completed faxes and/or other
notices to M/W/S/LBEs with selected
specific items identified.
3. The bidder advertised, not less than ten (10)
calendar days before the date the bids are
opened, in one or more local daily or weekly
newspapers, trade association publications,
minority or trade-oriented publications, or
trade journals for M/W/S/LBEs that are
interested in participating in the project.
Copy of advertisements placed showing
publication name and date, and dated
receipts.
Dated receipt with ad copy.
4. The bidder provided written notice of his or
her interest in bidding on the contract to the
number of M/W/S/LBEs required to be
notified by the project specifications not less
than ten (10) calendar days prior to the
opening of bids. The bidder may utilize the
list of certified local business enterprises in
the on-line County Small Local Emerging
Business (SLEB) Vendor Query System
located at
http://www.acgov.org/sleb_query_app/gsa/sl
eb/query/slebmenu.jsp.
The minimum number of M/W/S/LBE firms
required to be notified is three (3) for each
item of the project selected to be performed
by a M/W/S/LBE, where an M/W/S/LBE
subcontractor has not been secured for that
item.
Copy of dated notice, complete
distribution list(s) and evidence of
distribution (proof of faxes, e-mails sent
etc.)
Undelivered faxes do not count toward the
effort to meet the minimum requirement
Trades and specialties, in addition to
M/W/S/LBE designation, must be clearly
identified to meet the minimum
requirement by using certification letter or
source documentation
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5. The bidder followed up initial solicitations of
interest by contacting the enterprises to
determine with certainty whether the
enterprises were interested in performing
specific items of the project.
Successfully completed telephone log
containing specific dates, name of caller,
person contacted and comments (i.e., why
not bidding, information sent to/date)
6. The bidder provided interested M/W/S/LBEs
with information about the plans,
specifications, and requirements for the
selected subcontracting or material supply
work.
Copy of published advertisements, letters,
successfully completed faxes, etc. with
M/W/S/LBE name/contact information
including the required information or
directions on how to obtain it and the date
the information was provided
Agenda, meeting notes, etc. including
specific topics discussed, M/W/S/LBE
firm names and contact persons in
attendance that received information, and
the location and date information was
provided
7. The bidder requested assistance from local
and small business and minority and women
community organizations; local and small,
minority and women contractor groups,
local, state, or federal M/W/S/LBE assistance
offices, or other organizations that provide
assistance in recruitment and placement of
M/W/S/LBEs.
Copy of dated written request and
response (letter, successfully completed
fax, e-mail, etc.)
Or 2nd written request to follow-up, if
needed. Phone log is not acceptable.
8. The bidder negotiated in good faith with the
M/W/S/LBEs and did not unjustifiably reject
as unsatisfactory bids prepared by any
M/W/S/LBEs as determined by GSA
Copies or list of all bids and a spreadsheet
listing all bids with firm name, contact
person, bid items(s), bid price,
M/W/S/LBE classification, and comments
re-selection or rejection
M/W/S/LBE bids accepted and included
in bid response
9. Where applicable, the bidder advised and
made efforts to assist interested
M/W/S/LBEs in obtaining bonds, lines of
credit, or insurance required by either the
GSA or the contractor.
Copy of advertisements or other notices
with specifics referencing willingness to
assist M/W/S/LBEs
Agenda, meeting notes including
presenter’s name and title, specific topics
discussed, handouts etc., name of
M/W/S/LBE firms in attendance, contact
persons who received advice, location, and
date advice was provided
7.10 The performance by a bidder of the GFE Indicators specified in the table above shall
create a rebuttable presumption, affecting the burden of producing evidence, that a
Alameda County General Services Agency Project #13023
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bidder has made a good faith effort to comply with the goals and requirements relating
to participation by M/W/S/LBEs established pursuant to Section 4 herein.
8. JOINT VENTURES
8.1 Whenever a joint venture occurs involving either a prime or non-prime (for
example, subcontractors, manufacturers, suppliers, and truckers) M/W/S/LBE firm
at any level of contracting, trucking, manufacturing, or supplying, the prime
contractor shall provide the County with a full account of the nature of ownership
interests, the basis for creation of the joint venture, and the particular financial
participation and administrative responsibilities of the interested parties. In
evaluating the prime contractor's effort, the M/W/S/LBE percentage that is to be
attributed to a joint venture shall be determined by multiplying the percentage of
the total contract amount that is to be performed by the joint venture times the
percentage of actual financial participation in the joint venture represented by the
M/W/S/LBE business.
9. NONDISCRIMINATION
9.1 Purpose
9.1 The Contractor shall comply with the Americans with Disabilities Act and Title VII
of the Civil Rights Act of 1964 and shall not, in regard to any position for which an
employee or applicant for employment is qualified, discriminate against any employee
or applicant for employment because of race, creed, color, disability, sex, sexual
orientation, political affiliation, or by any other non-merit factors be otherwise
subjected to discrimination. The Contractor shall apply the ECOP that ensures
applicants are employed, and that employees are treated during employment without
regard to their race, age, religion, Vietnam Era Veteran’s status, political affiliation,
or any other non-merit factors. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other terms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
9.2 Contractor shall, in all solicitations or advertisements for employees placed on behalf
of the County, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, disability, sex, sexual orientation or
national origin, age, religion, Vietnam Era Veteran’s status, political affiliation, or any
other non-merit factors.
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
PSCBA
ENHANCED CONSTRUCTION OUTREACH PROGRAM
DOCUMENT 00 22 19
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SECTION II
CONTRACT COMPLIANCE REQUIREMENTS
1. APPLICATION
1.1 The following provisions shall apply to all contracts subject to the provisions of
Section I and/or Section IV.
2. ALAMEDA COUNTY CONTRACT COMPLIANCE SYSTEM
2.1 Alameda County utilizes the Elation Systems contract compliance application as
part of its commitment to assist contractors to comply with certain legal and
contractual requirements. The Elation Systems, a secure web-based computer
system, was implemented to monitor compliance and to track and report
M/W/S/LBE participation in County contracts.
2.2 The prime contractor and all participating local and M/W/S/LBE subcontractors
awarded contracts as a result of the bid process for this project are required to use
the Elation System to submit ECOP information including, but not limited to,
weekly certified payrolls, monthly progress payment reports and other information
related to M/W/S/LBE participation. Use of the Elation System, support and
training is available at no charge to prime and subcontractors participating in
County contracts.
2.3 Upon contract award:
2.3.1 The County will provide contractors and subcontractors participating in any
contract awarded as a result of this bid process, a code that will allow them to
register and use the Elation System free of charge.
2.3.2 Contractors should schedule a representative from their office/company,
along with each of their subcontractors, to attend Elation Systems training.
2.3.2.1 Free multi-agency Elation Systems one-hour training sessions
require reservations and are held monthly in the Pleasanton,
California area.
2.4 It is the Contractor’s responsibility to ensure that they and their subcontractors are
registered and trained as required to utilize Elation Systems.
2.4.1 For systems support visit Elation Systems online at http://www.elationsys.com/ or
contact them at (925) 924-0340.
2.4.2 If you have questions regarding the utilization of the Elation Systems, please
contact the Project Manager.
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
PSCBA
ENHANCED CONSTRUCTION OUTREACH PROGRAM
DOCUMENT 00 22 19
Page 14 of 18 Rev 08/1/17
3. MEETINGS
3.1 After the award of the contract and prior to beginning work, the General Services
Agency may hold a pre-construction conference at which a representative of the
Contractor and of each subcontractor must attend. As it becomes necessary during
the course of the contract, the General Services Agency may call meetings of the
Contractor and pertinent subcontractors.
4. INFORMATION AND RECORDS
4.1 For the purposes of determining compliance with this program, the Contractor shall
provide the County with access to all records and documents that relate to
M/W/S/LBE participation. To the extent permitted by applicable law, proprietary
information will be safeguarded.
4.2 The Contractor must submit the following information to the General Services
Agency on Alameda County approved forms. All subcontractor submittals must be
through the prime contractor.
4.2.1 S/LBE Participation Information and M/WBE Subcontractor Participation
Information, (ECOP Forms 101A,101B, 102A, and 102B provided separately
as Excel fillable forms) submitted no later than 2:00 p.m. on the second
business day following notification and request by GSA.
4.2.2 Checklist for Review of Good Faith Efforts (ECOP Form 102C (also provided
separately) submitted no later than 2:00 p.m. on the second business day
following notification and request by GSA.
5. SUBSTITUTION OF M/W/S/LBE FIRMS
5.1 Substitution of other firms (subcontractors at any level, manufacturers, suppliers
and/or truckers) for those listed in the proposal on the sheet entitled M/WBE
Subcontractor Participation Information or S/LBE Participation Information shall not
be made without prior approval of the County, and shall be in accordance with State
or Federal law where applicable.
SECTION III
NON-COMPLIANCE WITH ECOP
1. APPLICATION
9.3 The following provisions shall apply to all contracts subject to the provisions of
Section I and/or Section IV.
2. DETERMINATION OF NON-COMPLIANCE
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
PSCBA
ENHANCED CONSTRUCTION OUTREACH PROGRAM
DOCUMENT 00 22 19
Page 15 of 18 Rev 08/1/17
9.4 During the performance of the contract, if the General Services Agency has reason to
believe or finds that the Contractor has not met the ECOP requirements in the contract,
the Director of the General Services Agency (or the Director’s designee) shall hold a
meeting with the Contractor for the purpose of determining whether the Contractor is
out of compliance. If after the meeting the Contractor is found to be out of
compliance, the Contractor will be notified of a public hearing. The public hearing
will be held before the Board of Supervisors with a minimum five calendar-day notice
given to the Contractor. If the Board of Supervisors finds that there has been a
violation, the County will notify the Contractor in writing of the sanctions to be
imposed by the Board.
3. SANCTIONS
9.5 A finding at the public hearing that there has been a violation of the ECOP
requirements of the contract shall be cause for the Board of Supervisors to impose any
or all of the following sanctions:
9.5.1 Withhold an additional ten percent (10%) of all further contract progress
payments until the Contractor provides evidence satisfactory to the Board of
Supervisors that the condition of noncompliance has been corrected.
9.5.2 Suspend the contract until such time as the Contractor provides evidence
satisfactory to the Board of Supervisors that the condition of noncompliance
has been corrected.
9.5.3 Terminate the contract and collect appropriate damages from the Contractor.
9.5.4 Declare that the Contractor is not a responsible bidder, and is ineligible to
make bids on future County contracts for a stated period of time or until the
Contractor can demonstrate to the satisfaction of the Board of Supervisors that
the violation has been corrected.
SECTION IV
1. OUTREACH
1.1 To promote the ECOP goals and assist contractors and subcontractors in their
efforts to develop the relationships they may require to meet the ECOP goals for
this project, the County will
1.1.1 E-mail the Notice to Bidders to vendors in the County Vendor Database and
other sources. Advertise the project once a week for at least 2 consecutive
weeks in a newspaper of general circulation in the county where the project is
located, trade organizations and chambers of commerce, and plan rooms.
Notice of this project will also be posted on the County Current Contracting
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
PSCBA
ENHANCED CONSTRUCTION OUTREACH PROGRAM
DOCUMENT 00 22 19
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Opportunities and Calendar of Events websites (see website URL addresses
below).
1.1.2 Incorporate a networking and informational component in the mandatory bid
walk/site visit.
1.1.3 Provide information about the project, the ECOP, and other current and
upcoming projects at the bid conference/networking meeting.
1.1.4 E-mail the list of attendees from the mandatory bid walk to each attendee when
issuing the first Addendum for the Project and post the attendance and first
Addendum on the Current Contracting Opportunities website.
2. CONTRACTOR RESOURCES
The following sources may be contacted for assistance in soliciting M/W/S/LBE participation:
Asian American Contractors Association
Juliana Choy Sommer, President
(415) 642-1818
www.aaca-sf.com
Western Regional Minority Supplier Development Council (WRMSDC) –
MBE certifications only
80 Swan Way, Suite 245
Oakland, CA 94621
(510) 686-2555
www.wrmsdc.org
Women’s Business Enterprise National Council (WBENC)
WBE certifications only – www.wbenc.org
Visit the following County of Alameda GSA websites for
CERTIFIED SMALL LOCAL
VENDORS
http://www.acgov.org/sleb_query_app/gsa/sleb/query/slebres
ultlist.jsp?smEmInd=C
CURRENT CONTRACT
OPPORTUNITIES
http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contr
actopportunities.jsp
UPCOMING CONTRACT
OPPORTUNITIES
http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/fu
turecontractopportunities.jsp
CALENDAR OF EVENTS http://www.acgov.org/calendar_app/DisplayListServlet?site
=Internet&ag=GSA&ty=PUR
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
PSCBA
ENHANCED CONSTRUCTION OUTREACH PROGRAM
DOCUMENT 00 22 19
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COUNTY OF ALAMEDA HOME
PAGE
http://www.acgov.org/index.htm
BIDDER INFORMATION AND ACCEPTANCE
(Submit hardcopy of this completed page along with all hardcopy ECOP supporting
documentation.)
The undersigned has read and agrees to the Supplementary Instructions to Bidders – Enhanced
Construction Outreach Program, Document 00 22 19 of the Bid packet and declares that the
ECOP Forms 101A, 101B, 102A, 102B and 102C (Excel Fillable Forms provided separately) have
been completed accurately by the Prime Firm submitting the bid.
Official Name of Bidder:
Street Address Line 1:
Street Address Line 2:
City: State: Zip Code:
Webpage:
Type of Entity / Organizational Structure (check one):
Corporation Joint Venture
Alameda County General Services Agency Project #13023
Cherryland Community Center
BID SET
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS with
PSCBA
ENHANCED CONSTRUCTION OUTREACH PROGRAM
DOCUMENT 00 22 19
Page 18 of 18 Rev 08/1/17
Limited Liability Partnership Partnership
Limited Liability Corporation Non-Profit / Church
Other:
Jurisdiction of Organization Structure:
Date of Organization Structure:
Federal Tax Identification Number:
Primary Contact Information:
Name / Title:
Telephone Number: Fax Number:
E-mail Address:
SIGNATURE:
Name and Title of Signer:
Dated this day of 20