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HomeMy WebLinkAboutAGENDA - 08021988 - I.O.2 TO': - . BOARD OF SUPERVISORS' I. 0. 2 FROM: C Itra INTERNAL OPERATIONS COMMITTEE coos a DATE: July 25, 1988 Cainty SUBJECT: purchasing Procedures for MBE/WBE Program SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Approve the attached draft MBE/WBE purchasing procedures subject to minor editing changes to be made by the Affirmative Action Officer. 2 . Request the Affirmative Action Officer to report to our Committee September 26, 1988 on the status of the implementation of the attached procedures and previously approved purchasing policies. BACKGROUND: On July 12, 1988, the Board of Supervisors approved a report from our Committee recommending the approval of policies to govern the purchasing of goods and services by the County designed to achieve goals of 15% of the dollar value of all purchases going to minority business enterprises and 50 of the dollar value of all purchases going to women-owned business enterprises. At that time, we requested the Affirmative Action Officer to submit detailed procedures for the implementation of the policy statement. On July 25, 1988, our Committee reviewed the attached purchasing procedures, suggested a few, minor editorial changes, and agreed to recommend them to the Board for approval. These procedures will allow for the gathering of data and quarterly reports on the extent to which the 15% and 5% goals are being achieved. These procedures will cover not only purchases made by the Purchasing Agent, or individual departments, but will also include the purchase of major items of a capital nature which are generally approved by the Board of Supervisors. We believe that with the implementation of these procedures we will have completed the second phase of our three-phase MBE/WBE program. Our Committee will be reviewing procedures for the third phase--the selection of personal service contractors--in September, and will report back to the Board following that review. CONTINUED ON ATTACHMENT: X YES SIGNATURE: _ RECOMMEND TION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURE(S): Sunne W. McPeak Tom Torlakson ACTION OF BOARD ON August 2, 1988 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS 1S A TRUE X UNANIMOUS (ABSENT II AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator cc: Affirmative Action Officer ATTESTED / 8 County Counsel PHIL BACHELOR CLERK OF THE BOARD OF Director of General Services SUPERVISORS AND COUNTY ADMINISTRATOR Purchasing Agent BY �C.[� f7 ,DEPUTY M382/1-83 r ' D R A F T Contra Costa County MBB/WBE CONTRACT COMPLIANCE PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 ( 415) 646-4106 PURCHASING CONTRACT PROCEDURES I. BACKGROUND: The following procedures support the Contra Costa County Minority and Women Business Enterprise (MBE/WBE) Purchasing Contracts Program. The procedures provide the guidelines by which to implement the MBE/WBE Purchasing Contracts Policy approved by the Contra Costa County Board of Supervisors. The purpose of the Policy is to achieve at least a fifteen percent (15%) goal in all purchasing contract award amounts for Minority owned firms and at least a five percent ( 5%) goal for Woman owned firms, beginning with fiscal year 1988-89. It is the intent of the MBE/WBE Purchasing Contracts Procedure to implement this policy. II . IDENTIFICATION OF MBE/WBE FIRMS: The Purchasing Agent shall maintain a copy of the most current registry of .-certified MBE/WBE, organized by the- goods and servicesthe firms- provide. The- registry shall include the " businesses which provide the" goods and services routinely procured by the County- and a description of the goods and -services which the firms -are capable of providing. The Contract Compliance Officer will be responsible for updating the registry. The registry will include: a. Business name and address b. Names of business owners c. Type of business (MBE/WBE) d. Types of goods and services available e. Certification and expiration date f. Certification with approved agencies with expiration date The County Contract Compliance Officer shall advertise annually for MBE/WBE companies, and at any time throughout the year, when there is . a specific need for vendors to provide goods and/or services not routinely purchased. Advertisements shall be placed in at least two general- circulation newspapers, one local and one with Bay Area circulation, and also in two minority/women focused newspapers. The Purchasing Agent shall attend local and regional business fairs to promote the MBE/WBE Purchasing Program and identify the types of goods and services purchased by the County. Names of potentially eligible vendors identified by the Purchasing pg1of 4 t Division, or by special districts and departments with requisitioning authority, through their Affirmative Action efforts and the normal course of business, shall be forwarded to the Contract Compliance Officer. III . CERTIFICATION: The firms listed in the registry must be certified by Contra Costa County or another acceptable agency. Eligible agencies are the California State Department of Transportation; One Stop Service Center in Richmond; San Francisco Bay Area Regional Transit Association; City of Oakland, Office of Public Works; and The Port of Oakland. Each agency publishes a directory of their certified businesses which can be used as reference documents for eligible minority and woman vendors. The Contra Costa County Contract Compliance Officer (CCO) will certify eligible MBE/WBE companies. Companies must submit a Certification Application Schedule A or B form to the Contract Compliance Officer, who will review the process and completed form(s) . Copies of the Certification Application can be obtained from the Contra Costa County Contract Compliance officer for distribution to interested vendors. A. Certification Eligibility Standards 1) -The eligibility of a business is defined in terms of its 51% ownership, size of the business. and control of .- the business-. 2) - An eligible Minority Business Enterprise (MBE) owner is a citizen or lawful permanent resident of the United States, a member of a recognized ethnic or racial group, and owns 51% of the business. The eligible ethnic or racial groups are defined as follows: a. Black (person having origins in any of the Black racial groups of Africa) ; b. Hispanic (a person of Mexican, Puerto Rican, Cuban, Central South American, or other Spanish culture or origin, regardless of race) ; c. Asian American (a person 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) ; or d. - American Indian and Alaskan Native (a person having origins in any of the original peoples of North America) . pg2of 4 3) An eligible Woman Business Enterprise (WBE) owner is a female citizen or lawful permanent resident of the United States and owns 51% of the business. a. The business owned by an eligible minority or a woman must be small. b. ' Management and the daily business operations of the small business must be controlled by the eligible owner or owners. IV. BID SOLICITATION: For all purchasing contracts over $5,000, the Purchasing Division of the General Services Department and all other departments and special districts with - direct contracting authority will be responsible for contacting from the registry at least one MBE and one WBE for a quotation on each purchasing. contract. A record of the solicitations for each bid should be maintained and the' MBE/WBE vendors should be identified on the purchase order. For any procurement for which there are no MBE/WBE vendors listed in the registry, the Purchasing Agent shall immediately notify the Contract Compliance Officer. The responses from the MBE/WBE vendors contacted shall be recorded and maintained in- the permanent record -of the -purchase as documentation for quarterly MBE/WBE reports. The data shall be- recorded- on either the -requisition form7 or the -bid recap form. The departments and -special -districts -should- maintain this data in their files and use it to prepare -the MBE/WBE departmental reports that shall be submitted to the Purchasing Agent quarterly. For all purchasing contracts under $5,000, the Purchasing Division of the General Services Department and all other departments and , special districts with direct contracting authority will be responsible for seeking to achieve the goals of contracting with Minority Business Enterprises for at least 15% of the total dollar amount of all contracts within the dollar limit and with Women Business Enterprises for at least 5%. Each MBE/WBE vendor should be identified on the purchase order. The departments and special districts should maintain a record of their MBE/WBE contracts and maintain that record in . their files, using it to prepare the MBE/WBE department reports that shall be submitted to the Purchasing Agent quarterly. pg3of 4 For any procurement for which there are no MBE/WBE vendors listed in the registry, the Purchasing Agent, Department and Special Districts shall immediately notify the Contract Compliance Officer. V. MBE/WBE QUARTERLY REPORTING: The MBE/WBE Purchasing Contracts Program Quarterly Report shall be prepared by the Purchasing Agent and submitted to the Contract Compliance Officer within thirty (30) days of the end of each quarter. The participation on contracts under $5,000 and contracts for $5, 000 or more shall be separately . reported in the quarterly report. The information reported on contracts within each of the dollar limits shall include the number and dollar value of the total purchasing contracts by department. For each department, the number and dollar value of all purchasing contracts awarded to MBE/WBE' s during the quarter shall also be reported. The report shall indicate whether the purchasing contract was for a service or good. VI. MBE/WBE LIAISON An MBE/WBE Liaison_ should be designated- in each department and special district-. The MBE/WBE— Liaison - will _promote - the - MBE/WBE Purchasing. -Program _ within their own department and special district and also be the link -' to the Purchasing Agent and Contract Compliance- Officer. The Liaison can _assist Purchasing to identify businesses that meet their Department's supplies, equipment, material and services requirements for routine purchases. The liaison shall provide information on new vendors to the Contract Compliance Officer and Purchasing Agent. The Coordinator shall also be the MBE/WBE information and resource person within a given department or special district who refers vendors to the Purchasing Agent to learn more about the goods and services departments use, and to the Contract Compliance Officer to' learn more about the County MBE/WBE Program. EK/kjw pg 4 of 4 c:purchasg.pro