Common use of Direct / Indirect Clause in Contracts

Direct / Indirect. Participation a. The bidder has documented the unsuccessful solicitation for either subcontractors or joint venture partners of at least 50% (or at least five when there are more than eleven certified firms in the commodity area) of the appropriate certified MBE/WBE firms to perform any direct or indirect work identified or related to the advertised bid/Proposal. Documentation must include but is not necessarily limited to: 1. A detailed statement of efforts to identify and select portions of work identified in the request for Task Order Proposals for subcontracting to certified MBE/WBE firms; 2. A listing of all MBE/WBE firms contacted that includes: o Name, address, telephone number and email of MBE/WBE firms solicited; o Date and time of contact; o Method of contact (written, telephone, transmittal of facsimile documents, email, etc.) 3. Copies of letters or any other evidence of mailing that substantiates outreach to MBE/WBE vendors that includes: o Project identification and location; o Classification/commodity of work items for which quotations were sought; o Date, item and location for acceptance of subcontractor bid proposals; o Detailed statement which summarizes direct negotiations with appropriate MBE/WBE firms for specific portions of the work and indicates why negotiations were unsuccessful; o Affirmation that Good Faith Efforts have been demonstrated by: • choosing subcontracting opportunities likely to achieve MBE/WBE goals; • not imposing any limiting conditions which were not mandatory for all subcontractors; • providing notice of subcontracting opportunities to M/WBE firms and assist agencies at least five (5) business days in advance of the initial bid due date. b. Subcontractor participation will be deemed excessively costly when the MBE/WBE subcontractor proposal exceeds the average price quoted by more than twenty percent (20%). In order to establish that a subcontractor’s quote is excessively costly, the bidder must provide the following information: 1. A detailed statement of the work identified for MBE/WBE participation for which the bidder asserts the MBE/WBE quote(s) were excessively costly (in excess of 20% higher). o A listing of all potential subcontractors contacted for a quotation on that work item; o Prices quoted for the subcontract in question by all such potential subcontractors for that work item. 2. Other documentation which demonstrates to the satisfaction of the Chief Procurement Officer that the MBE/WBE proposals are excessively costly, even though not in excess of 20% higher than the average price quoted. This determination will be based on factors that include, but are not limited to the following: o The City's estimate for the work under a specific subcontract; o The bidder’s own estimate for the work under the subcontract; o An average of the bona fide prices quoted for the subcontract; o Demonstrated increase in other contract costs as a result of subcontracting to the M/WBE or other firm.

Direct / Indirect. Participation a. The bidder has documented the unsuccessful solicitation for either subcontractors Subcontractors or joint venture partners of at least 50% (or at least five when there are more than eleven certified firms in the commodity area) of the appropriate certified MBE/WBE firms to perform any direct or indirect work identified or related to the advertised bid/Proposal. Documentation must include but is not necessarily limited to: 1. A detailed statement of efforts to identify and select portions of work identified in the request for Task Order Proposals for subcontracting to certified MBE/WBE firms; 2. A listing of all MBE/WBE firms contacted that includes: o Name, address, telephone number and email of MBE/WBE firms solicited; o Date and time of contact; o Method of contact (written, telephone, transmittal of facsimile documents, email, etc.) 3. Copies of letters or any other evidence of mailing that substantiates outreach to MBE/WBE vendors that includes: o Project identification and location; o Classification/commodity of work items for which quotations were sought; o Date, item and location for acceptance of subcontractor Subcontractor bid proposals; o Detailed statement which summarizes direct negotiations with appropriate MBE/WBE firms for specific portions of the work and indicates why negotiations were unsuccessful; o Affirmation that Good Faith Efforts have been demonstrated by: •  choosing subcontracting opportunities likely to achieve MBE/WBE goals; •  not imposing any limiting conditions which were not mandatory for all subcontractorsSubcontractors; •  providing notice of subcontracting opportunities to M/WBE firms and assist agencies at least five (5) business days in advance of the initial bid due date. b. Subcontractor participation will be deemed excessively costly when the MBE/WBE subcontractor Subcontractor proposal exceeds the average price quoted by more than twenty percent (20%). In order to establish that a subcontractorSubcontractor’s quote is excessively costly, the bidder must provide the following information: 1. A detailed statement of the work identified for MBE/WBE participation for which the bidder asserts the MBE/WBE quote(s) were excessively costly (in excess of 20% higher). o A listing of all potential subcontractors Subcontractors contacted for a quotation on that work item; o Prices quoted for the subcontract in question by all such potential subcontractors Subcontractors for that work item. 2. Other documentation which demonstrates to the satisfaction of the Chief Procurement Officer that the MBE/WBE proposals are excessively costly, even though not in excess of 20% higher than the average price quoted. This determination will be based on factors that include, but are not limited to the following: o The City's estimate for the work under a specific subcontract; o The bidder’s own estimate for the work under the subcontract; o An average of the bona fide prices quoted for the subcontract; o Demonstrated increase in other contract costs as a result of subcontracting to the M/WBE or other firm.

Direct / Indirect. Participation a. 1. The bidder bidder/proposer has documented the unsuccessful solicitation for either subcontractors or joint venture partners of at least 50% (or at least five when there are more than eleven certified firms in the commodity area) of the appropriate certified MBE/WBE firms to perform any direct or indirect work identified or related to the advertised bid/Proposalproposal. Direct participation involves subcontracting a portion of the goods/services specifically required in the bid/proposal. Indirect participation is the subcontracting of goods/services not specifically related to the performance of this contract. Documentation must include but is not necessarily limited to: 1. a. A detailed statement of efforts to identify and select portions of work identified in the request for Task Order Proposals bid solicitation for subcontracting to certified MBE/WBE firms; 2. b. A listing of all MBE/WBE firms contacted that includes: o Name: (1) Names, address, address and telephone number and email numbers of MBE/WBE firms solicited; o ; (2) Date and time of contact; o ; (3) Method of contact (written, telephone, transmittal of facsimile documents, emailfacsimile, etc.) 3. c. Copies of letters or any other evidence of mailing that substantiates outreach to MBE/WBE vendors that includes: o : (1) Project identification and location; o ; (2) Classification/commodity of work items for which quotations were sought; o ; (3) Date, item and location for acceptance of subcontractor bid proposals; o ; (4) Detailed statement which summarizes direct negotiations with appropriate MBE/WBE firms for specific portions portion of the work and indicates why negotiations were unsuccessful; o ; (5) Affirmation that Good Faith Efforts good faith efforts have been demonstrated by: • by choosing subcontracting opportunities likely to achieve MBE/WBE goals; • goals by not imposing any limiting conditions which were not mandatory for all subcontractors; • providing notice of subcontracting opportunities to Mor denying the benefits ordinarily conferred on MBE/WBE firms and assist agencies at least five (5) business days in advance subcontractors for the type of the initial bid due datework that was solicited. b. 2. Subcontractor participation will be deemed excessively costly when the MBE/WBE subcontractor proposal exceeds the average price quoted by more than twenty percent (20%). In order to establish that a subcontractor’s subcontracts* quote is excessively costly, the bidder bidder/proposer must provide the following information: 1. a. A detailed statement of the work identified for MBE/WBE participation for which the bidder bidder/proposer asserts the MBE/WBE quote(s) were excessively costly (in excess of 20% higher). o (1) A listing of all potential subcontractors contacted for a quotation on that work item; o ; (2) Prices quoted for the subcontract in question by all such potential subcontractors for that work item. 2. b. Other documentation which demonstrates to the satisfaction of the Chief Procurement Officer that the MBE/WBE proposals are excessively costly, even though not in excess of 20% higher than the average price quoted. This determination will be based on factors that include, but are not limited to the following: o : (1) The City's City*s estimate for the work under a specific subcontract; o ; (2) The bidder’s /proposer*s own estimate for the work under the subcontract; o ; (3) An average of the bona fide prices quoted for the subcontract; o ; (4) Demonstrated increase in other contract costs as a result of subcontracting to the M/WBE or other firm.

Direct / Indirect. Participation a. The bidder has documented the unsuccessful solicitation for either subcontractors Subcontractors or joint venture partners of at least 50% (or at least five when there are more than eleven certified firms in the commodity area) of the appropriate certified MBE/WBE firms to perform any direct or indirect work identified or related to the advertised bid/Proposal. Documentation must include but is not necessarily limited to: 1. A detailed statement of efforts to identify and select portions of work identified in the request for Task Order Proposals for subcontracting to certified MBE/WBE firms; 2. A listing of all MBE/WBE firms contacted that includes: o Name, address, telephone number and email of MBE/WBE firms solicited; o Date and time of contact; o Method of contact (written, telephone, transmittal of facsimile documents, email, etc.) 3. Copies of letters or any other evidence of mailing that substantiates outreach to MBE/WBE vendors that includes: o Project identification and location; o Classification/commodity of work items for which quotations were sought; o Date, item and location for acceptance of subcontractor Subcontractor bid proposals; o Detailed statement which summarizes direct negotiations with appropriate MBE/WBE firms for specific portions of the work and indicates why negotiations were unsuccessful; o Affirmation that Good Faith Efforts have been demonstrated by: • choosing subcontracting opportunities likely to achieve MBE/WBE goals; • not imposing any limiting conditions which were not mandatory for all subcontractorsSubcontractors; • providing notice of subcontracting opportunities to M/WBE firms and assist agencies at least five (5) business days in advance of the initial bid due date. b. Subcontractor participation will be deemed excessively costly when the MBE/WBE subcontractor Subcontractor proposal exceeds the average price quoted by more than twenty percent (20%). In order to establish that a subcontractorSubcontractor’s quote is excessively costly, the bidder must provide the following information: 1. A detailed statement of the work identified for MBE/WBE participation for which the bidder asserts the MBE/WBE quote(s) were excessively costly (in excess of 20% higher). o A listing of all potential subcontractors Subcontractors contacted for a quotation on that work item; o Prices quoted for the subcontract in question by all such potential subcontractors Subcontractors for that work item. 2. Other documentation which demonstrates to the satisfaction of the Chief Procurement Officer that the MBE/WBE proposals are excessively costly, even though not in excess of 20% higher than the average price quoted. This determination will be based on factors that include, but are not limited to the following: o The City's estimate for the work under a specific subcontract; o The bidder’s own estimate for the work under the subcontract; o An average of the bona fide prices quoted for the subcontract; o Demonstrated increase in other contract costs as a result of subcontracting to the M/WBE or other firm.

Direct / Indirect. Participation a. 1. The bidder has documented the unsuccessful solicitation for either subcontractors or joint venture partners of at least 50% (or at least five when there are more than eleven certified firms in the commodity area) of the appropriate certified MBE/WBE firms to perform any direct or indirect work identified or related to the advertised bid/Proposal. proposal.. Documentation must include but is not necessarily limited to: 1. a. A detailed statement of efforts to identify and select portions of work identified in the request for Task Order Proposals bid solicitation for subcontracting to certified MBE/WBE firmsMBEs and WBEs; 2. b. A listing of all MBE/WBE firms MBEs and WBEs contacted for the bid solicitation that includes: o : i. Name, address, email and telephone number and email of MBE/WBE firms solicited; o ; ii. Date and time of contact; o ; iii. Person contacted; iv. Method of contact (writtenletter, telephonetelephone call, transmittal of facsimile documentsfacsimile, email, etc.). 3. c. Copies of letters or any other evidence of mailing that substantiates outreach to MBE/WBE vendors that includes: o : i. Project identification and location; o ; ii. Classification/commodity of work items for which quotations were sought; o ; iii. Date, item item, and location for acceptance of subcontractor bid proposals; o bids; iv. Detailed statement which summarizes statements summarizing direct negotiations with appropriate MBE/WBE firms MBEs and WBEs for specific portions of the work and indicates indicating why negotiations were unsuccessful; o not successful; v. Affirmation that Good Faith Efforts have been demonstrated by: • choosing subcontracting opportunities likely to achieve MBE/WBE goals; • not imposing any limiting conditions which were not mandatory for all subcontractors; • providing notice of subcontracting opportunities to M/WBE firms and assist agencies at least five (5) business days in advance of the initial bid due date.. OR b. 2. Subcontractor participation will be deemed excessively costly when the MBE/WBE subcontractor proposal exceeds the average price quoted by more than twenty percent (20%). In order to establish that a subcontractor’s 's quote is excessively costly, the bidder must provide the following information: 1. a. A detailed statement of the work identified for MBE/WBE participation for which the bidder asserts the MBE/WBE quote(s) were excessively costly (in excess of 20% higher). o b. A listing of all potential subcontractors contacted for a quotation on that work item; o ; c. Prices quoted for the subcontract in question by all such potential subcontractors for that work item. 23. Other documentation which that demonstrates to the satisfaction of the Chief Procurement Officer that the MBE/WBE proposals are excessively costly, even though not in excess of 20% higher than the average price quoted. This determination will be based on factors that include, but are not limited to the following: o : a. The City's estimate for the work under a specific subcontract; o ; b. The bidder’s own estimate for the work under the subcontract; o ; c. An average of the bona fide prices quoted for the subcontract; o ; d. Demonstrated increase in other contract costs as a result of subcontracting to the M/WBE or other firm.