Common use of Procedure to Determine Bid Compliance Clause in Contracts

Procedure to Determine Bid Compliance. The following Schedules and requirements govern the bidder’s or contractor’s MBE/WBE proposal: Schedule B: MBE/WBE Affidavit of Joint Venture Where the bidder’s Compliance Plan includes the participation of any MBE or WBE as a joint venture partner, the bidder must submit with its bid a Schedule B and the proposed joint venture agreement. See Section III above for detailed requirements. Schedule C: MBE/WBE Letter of Intent to Perform as a Subcontractor or Supplier The bidder must submit the appropriate Schedule C with the bid for each MBE and WBE included on the Schedule D. The City encourages subcontractors to utilize the electronic fillable format Schedule C, which is available at the Department of Procurement Services website, ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/forms. Suppliers must submit the Schedule C for Suppliers, first tier subcontractors must submit a Schedule C for Subcontractors to the Prime Contractor and second or lower tier subcontractors must submit a Schedule C for second tier Subcontractors. Each Schedule C must accurately detail the work to be performed by the MBE or WBE and the agreed upon rates/prices. Each Schedule C must also include a separate sheet as an attachment on which the MBE or WBE fully describes its proposed scope of work, including a description of the commercially useful function being performed by the MBE or WBE in its Area of Specialty. If a facsimile copy of the Schedule C has been submitted with the bid, an executed original Schedule C must be submitted by the bidder for each MBE and WBE included on the Schedule D within five (5) business days after the date of the bid opening. Schedule D: Compliance Plan Regarding MBE and WBE Utilization The bidder must submit a Schedule D with the bid. The City encourages bidders to utilize the electronic fillable format Schedule D, which is available at the Department of Procurement Services website, ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/forms. An approved Compliance Plan is required before a contract may commence. The Compliance Plan must commit to the utilization of each listed MBE and WBE. The bidder is responsible for calculating the dollar equivalent of the MBE and WBE Contract Specific Goals as percentages of the total base bid. All Compliance Plan commitments must conform to the Schedule Cs. A bidder or contractor may not modify its Compliance Plan after bid opening except as directed by the Department of Procurement Services to correct minor errors or omissions. Bidders shall not be permitted to add MBEs or WBEs after bid opening to meet the Contract Specific Goals, however, contractors are encouraged to add additional MBE/WBE vendors to their approved compliance plan during the performance of the contract when additional opportunities for participation are identified. Except in cases where substantial, documented justification is provided, the bidder or contractor shall not reduce the dollar commitment made to any MBE or WBE in order to achieve conformity between the Schedule Cs and Schedule D. All terms and conditions for MBE and WBE participation on the contract must be negotiated and agreed to between the bidder or contractor and the MBE or WBE prior to the submission of the Compliance Plan. If a proposed MBE or WBE ceases to be available after submission of the Compliance Plan, the bidder or contractor must comply with the provisions in Section VII.

Procedure to Determine Bid Compliance. The following Schedules and requirements govern the bidder’s or contractorContractor’s MBE/WBE proposal: : 1. Schedule B: MBE/WBE Affidavit of Joint Venture Where the bidder’s Compliance Plan includes the participation of any MBE or WBE as a joint venture Joint Venture partner, the bidder Contractor must submit with its bid a Schedule B and the proposed joint venture Joint Venture agreement. See Section III above for detailed requirements. 2. Schedule C: MBE/WBE Letter of Intent to Perform as a Subcontractor or Supplier The bidder Contractor must submit the appropriate Schedule C with the bid for each MBE and WBE included on the Schedule D. The City SCC encourages subcontractors to utilize the electronic fillable format Schedule C, which is available at the Department of Procurement Services website, ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/forms. Suppliers must submit the Schedule C for Supplierssuppliers, first tier subcontractors must submit a Schedule C for Subcontractors to the Prime Contractor and second or lower tier subcontractors Subcontractors must submit a Schedule C for second tier Subcontractors. Each Schedule C must accurately detail the work to be performed by the MBE or WBE and the agreed upon rates/prices. Each Schedule C must also include a separate sheet as an attachment on which the MBE or WBE fully describes its proposed scope of work, including a description of the commercially useful function being performed by the MBE or WBE in its Area of Specialty. If a facsimile copy of the Schedule C has been submitted with the bid, an executed original Schedule C must be submitted by the bidder for each MBE and WBE included on the Schedule D within five (5) business days after the date of the bid opening. 3. Schedule D: Compliance Plan Regarding MBE and WBE Utilization The bidder Contractor must submit a Schedule D with the bid. The City SCC encourages bidders to utilize the electronic fillable format Schedule D, which is available at the Department of Procurement Services website, ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/forms. An approved Compliance Plan is required before a contract may commence. The Compliance Plan must commit to the utilization of each listed MBE and WBE. The bidder Contractor is responsible for calculating the dollar equivalent of the MBE and WBE Contract Specific Goals as percentages of the total base bid. All Compliance Plan commitments must conform to the Schedule Cs. A bidder or contractor Contractor may not modify its Compliance Plan after bid opening except as directed by the Department of Procurement Services SCC to correct minor errors or omissions. Bidders shall not be permitted to add MBEs or WBEs after bid opening to meet the Contract Specific Goals, however, contractors Contractors are encouraged to add additional MBE/WBE vendors to their approved compliance plan during the performance of the contract when additional opportunities for participation are identified. Except in cases where substantial, documented justification is provided, the bidder or contractor Contractor shall not reduce the dollar commitment made to any MBE or WBE in order to achieve conformity between the Schedule Cs and Schedule D. All terms and conditions for MBE and WBE participation on the contract Contract must be negotiated and agreed to between the bidder or contractor and the MBE or WBE prior to the submission of the Compliance Plan. If a proposed MBE or WBE ceases to be available after submission of the Compliance Plan, the bidder or contractor must comply with the provisions in Section VII.XXIV.E.