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MUSKEGON
MEMO
ee
Date: April 22, 2014 Wost Michigan’s Shoreline City
www, shorelinecily.com
To: Honorable Mayor & City Commission
From: Affirmative Action &Risk Management
RE: DBE/MBE/WBE PROCUREMENT POLICY FOR FEDERALLY CONTRACTED
PROGRAMS AND COLLABORATIONS
SUMMARY OF REQUEST:
The Contract and Procurement Policy for Federally Contracted Prograrns and
Collaborations has been developed to include the "Fair Share Goals” language to
meet the “Good Faith Effort" requirements of our federally contracted funds. The “Fair
Share Goals” are specific to the Environmental Protection Agency (EPA) contracts, and
"Good Faith Efforts” are standard to our other federally contracted funds.
The steps for “Good Faith Efforts" will allow the city to achieve compliance in all of our
federal contracts and ensure that Disadvantaged Business Enterprises (DBE), Minority
Business Enterprises (MBE), and Women-owned Business Enterprises (WBEs) are actively
solicited for participation in the bid process for contracting and procurement of
supplies, construction, equipment and services under all federal contracts and
collaborations.
The Policy will be placed in ail contracts and collaborations that include federal funds.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:
Approval of the City of Muskegon DBE/MBE/WBE Procurement Policy for Federally
Contracted Programs and Collaborations, and authorize the Mayor and Clerk to sign.
MUSK ae CITY OF MUSKEGON
DBE/MBE/WBE PROCUREMENT POLICY
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
MINORITY BUSINESS ENTERPRISE (MBE)
WOMAN BUSINESS ENTERPRISE (WBE)
West Michigan's Shoreline City
vww.shorelingcity.com
POLICY STATEMENT
2014-31(e)
It is the policy of the City of Muskegon to assure that small disadvantaged business enterprises (DBE), minority
business enterprises(MBE), and woman-owned business enterprises(WBE) are given the opportunity to
participate in contracting and procurement for supplies, construction, equipment and services under federal
contracts and collaborations.
This policy applies to all contracts/procurement for supplies, construction equipment and services under any
federally contracted grant or cooperative agreement. The purpose is to ensure nondiscrimination in the
solicitation, either by competitive bidding or negotiation, and award and administration of federally assisted
contracts and collaborations.
Entities contracting or sub-contracting with the City of Muskegon shall comply with regulations relative to
nondiscrimination in Federally-assisted programs as amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
airing the performance of any contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the “contractor’”) agrees, as follows:
STATEMENT OF NON-DISCRIMINATION
The contractor, with regard to the work performed by it during the contract, shall not discriminate on the
grounds of race, color, sex, or national origin in the selection, retention, and treatment of subcontractors,
including procurements of supplies, construction, equipment and services.
FAIR SHARE GOALS
All methods of solicitation shall include the following language to meet “Good Faith Effort” requirements as
stated in the general provisions of EPA’s 40 CFR 33 of the Federal Regulation:
This contract is subject to the Environmental Protection Agency's (EPA) “fair share policy,”
which includes EPA-approved “fair share goals” for Disadvantaged Business Enterprise (DBE),
Minority Business Enterprise(MBE) and Woman Business Enterprise (WBE) firms in the
Construction, Supplies, Equipment, and Services procurement categories, EPA’s policy requires
that applicants and prime contractors make a good faith effort to award a fair share of
contracts, subcontracts and procurements to Minority Business Enterprise and Women-Owned
Business Enterprise firms. Although EPA’s policy does not mandate that the fair share goals be
achieved, it does require applicants and prime contractors to demonstrate use of the six
affirmative steps, and adhere to the current fair share goals for the State of Michigan.
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DUDBE/MBE/WBE Policy/20140402
GOOD FAITH EFFORTS
) The City of Muskegon shall ensure DBE/MBE/WBEs are made aware of contracting opportunities to the
fullest extent practicable through outreach and recruitment activities by maintaining a solicitation list of
DBE/MBE/WBE businesses and notifying them whenever they are potential sources.
(a) Maintain and update a listing of qualified DBE/MBE/WBEs that can be solicited for
construction, equipment, services and/or supplies on the City of Muskegon website.
(b) Provide listings to all interested parties who request copies of the bidding or proposing
documents.
(c) Contact appropriate sources within our geographic area to identify DBE/MBE/WBEs for
placement on our business listings.
(d) Utilize other DBE/MBE/WBE listings such as those of the States Minority Business Office,
the Small Business Administration, Minority Business Development Agency (MBDA) of the
Department of Commerce, EPA OSDBU, DOJ, HUD, DOT and Department of Homeland
Security.
(e) Solicitation lists are available for review at all times via the city website.
(2) The City of Muskegon shall make information of forthcoming opportunities available to DBE/MBE/WBEs
and arrange time for viewing of contracts and establish delivery schedules, where requirements permit, in a way
that encourages and facilitates participation by DBEs, MBEs, and WBEs in the competitive process. This
includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar
days(federal projects) and 10 calendar days(local projects), before the bid or proposal closing date.
(a) Develop realistic delivery schedules which may provide for greater DBE/MBE/WBE
participation.
(b) Advertise through the minority media in order to facilitate DBE/MBE/WBE utilization. Such
advertisements may include, but are not limited to, contracting and subcontracting opportunities,
hiring and employment, or any other matter related to the project.
(c) Advertise in general circulation publications, trade publications, State agency publications
and minority and women’s business focused media concerning contracting opportunities on our
projects. Maintain a list of minority and/or women’s business-focused publications that may be
utilized to solicit DBE/MBE/WBEs.
(3) The City of Muskegon will consider in the contracting process whether firms competing for large contracts
could subcontract with DBE/MBE/WBEs. The City of Muskegon will divide total requirements when
economically feasible and practical into smaller tasks or quantities in order to increase opportunities for
participation by DBE/MBE/WBEs in the competitive process.
(a) Perform an analysis to identify portions of work that can be divided and performed by
qualified DBE/MBE/WBEs.
(b) Scrutinize the elements of the total project to develop economical units of work that are
within the bonding range of DBE/MBE/WBEs.
(c) Conduct meetings, conferences, and follow-ups with DBE/MBE/WBE associations and
minority media to inform these groups of opportunities to provide construction, equipment,
services and supplies.
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Dt/DBE/MBE/WBE Policy/20140402
(4) The City of Muskegon will consider and encourage contracting with a consortium of DBE/MBE/WBEs
when a contract is too large for one of these firms to handle individually.
(a) Notify DBE/MBE/WBEs of future procurement opportunities so they may establish bidding
solicitations and procurement plans.
(b) Provide DBE/MBE/WBESs trade organizations with succinct summaries of solicitations.
(c) Provide interested DBE/MBE/WBEs with adequate information about plans, specifications, timing
and other requirements of the proposed projects.
(5) Use the services and assistance of the Small Business Administration (SBA) and the Minority Business
Development Agency (MBDA).
(a) Use the services ofoutreach programs sponsored by the MBDA and/or the SBA to recruit
bona fide firms for placement on DBE/MBE/WBEbidders lists to assist these firms in the
development of bid packaging.
(b) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime
contractors in identifying DBE/MBE/WBEs for potential work opportunities on projects
(6) If the prime contractor awards subcontractors, the prime contractor is required to take the steps in
subparagraphs (1)-(5) of this section.
DOCUMENTATION/REPORTING
The contractor shall provide all information and reports required by the Regulations, or directives issues
‘rsuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its
.acilities as may be determined by the appropriate federal agency to be pertinent to ascertain compliance with
such Regulations or directives. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the contractor shall so certify to the appropriate State or
Federal Agency, as appropriate, and shall set forth what efforts it has made to obtain the information.
NON — COMPLIANCE
Contractors, sub-contractors, and other associated entities failing to comply with the federal regulations legally
required under contracts associated with Environmental Protection Agency (EPA), Housing and Urban
Development (HUD), Department of Justice (DOJ), Department Of Transportation (DOT), or Department of
Homelandya (DHS) that have been granted to the City of Muskegon, may resultin delayed closings,
wim
telease of nds, or commitment cancellation.
LY
Stephen ederon
Mayor
4qn Marie Cummings
y of Muskegon Municipal Clerk
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Dt/DBE/MBE/WBE Policy/20140402
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