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
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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) .
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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.
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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
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