Common use of EVALUATION OF OEO PARTICIPATION Clause in Contracts

EVALUATION OF OEO PARTICIPATION. In order to count the SBE when there is an established SBE goal and/or M/WBE when there is an established M/WBE goal, the prime contractor will submit the OEO participation Form 1, which includes SBE and/ or M/WBE contact phone number, quotation, description of work, materials, equipment or services OEO Form 2, Letter of Intent, and Form 3 Prime Contractor affidavit certifying the Prime Contractor has requested and received bid quotations from the SBE and/ or M/WBE firms listed in their bid/proposal documents. DCPS will attempt to confirm the contents of the submission by contacting SBE firms when there is an established SBE goal and M/WBE firms, when there is an established M/WBE goal, by telephone or certified letter, return receipt requested, within two workdays after the date of letting. 1. The established goal or goals shall be applied to the base bid value of the contract and be reflected in the monetary portion spent on subcontracts for consulting and construction services awarded to those SBEs and/or M/WBEs meeting contracting specifications, unless otherwise specified. 2. Credit toward the goal or goals for majority bidders will be based on the percentage of work actually performed by the SBEs and/ or M/WBEs. 3. Bidders may count toward the established goal or goals only subcontractors, suppliers, manufacturers and sub consultants who are certified and licensed to do the work for which they are listed. 4. Bidders may count first- and second-tier subcontracts toward the meeting of the established goals. If the subcontracting opportunity is second tier, please denote this in the left hand margin on OEO FORM 1. NOTE: Additional information may be requested as it pertains to these opportunities. 5. Bidders may count toward goals 60% of its expenditures for materials and supplies required under a contract and obtained from a SBE and/or M/WBE supplier, and 100% of all expenditures to an SBE or M/WBE manufacturer. a. For purposes of this section, a manufacturer is a firm that operates or maintains a factory or establishment that produces on its premises the materials or supplies obtained by the bidder. b. For purposes of this section, a supplier is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this section. 6. If a certified minority bidder bids as a prime contractor, he or she can meet the designated goal under his or her minority status. However, minority bidders are required to meet the goals of the remaining minority categories or show a Good Faith Effort to do so. 7. Credit toward the SBE goal and/or M/WBE goal allowed for a joint venture with SBE or M/WBE will be determined by the percentage of ownership and control of the SBE or M/WBE participants in the joint venture. The eligibility of an SBE or M/WBE joint venture will be determined on a project-by-project basis. A joint venture must be certified as a SBE or M/WBE joint venture in order for the participation of the SBE or M/WBE partner to be counted toward the SBE goal and/or M/WBE goal requirement. The SBE or M/WBE partner's share in the ownership, control, management responsibilities, risks and profits of the joint venture must be at least 25 percent and the SBE or M/WBE partner must be responsible for a clearly defined portion of the work to be performed. Joint Venture Certification Applications are available upon request from the DCPS Office of Economic Opportunity. Joint Venture Certifications are required for each project the venture plans to participate in.

EVALUATION OF OEO PARTICIPATION. In order to count the SBE when there is an established SBE goal and/or M/WBE when there is an established M/WBE goal, the prime contractor will submit the OEO participation Form 1, which includes SBE and/ or M/WBE contact phone number, quotation, description of work, materials, equipment or services OEO Form 2, Letter of Intent, and Form 3 Prime Contractor affidavit certifying the Prime Contractor has requested and received bid quotations from the SBE and/ or M/WBE firms listed in their bid/proposal documents. DCPS will attempt to confirm the contents of the submission by contacting SBE firms when there is an established SBE goal and M/WBE firms, when there is an established M/WBE goal, by telephone or certified letter, return receipt requested, within two workdays after the date of letting. 1. The established goal or goals shall be applied to the base bid value of the contract and be reflected in the monetary portion spent on subcontracts for consulting and construction services awarded to those SBEs and/or M/WBEs meeting contracting specifications, unless otherwise specified. 2. Credit toward the goal or goals for majority bidders will be based on the percentage of work actually performed by the SBEs and/ or M/WBEs. 3. Bidders may count toward the established goal or goals only subcontractorsSubcontractors, suppliers, manufacturers and sub consultants who are certified and licensed to do the work for which they are listed. 4. Bidders may count first- and second-tier subcontracts toward the meeting of the established goals. If the subcontracting opportunity is second tier, please denote this in the left hand margin on OEO FORM 1. NOTE: Additional information may be requested as it pertains to these opportunities. 5. Bidders may count toward goals 60% of its expenditures for materials and supplies required under a contract and obtained from a SBE and/or M/WBE supplier, and 100% of all expenditures to an SBE or M/WBE manufacturer. a. For purposes of this section, a manufacturer is a firm that operates or maintains a factory or establishment that produces on its premises the materials or supplies obtained by the bidder. b. For purposes of this section, a supplier is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this section. 6. If a certified minority bidder bids as a prime contractor, he or she can meet the designated goal under his or her minority status. However, minority bidders are required to meet the goals of the remaining minority categories or show a Good Faith Effort to do so. 7. Credit toward the SBE goal and/or M/WBE goal allowed for a joint venture with SBE or M/WBE will be determined by the percentage of ownership and control of the SBE or M/WBE participants in the joint venture. The eligibility of an SBE or M/WBE joint venture will be determined on a projectProject-by-project Project basis. A joint venture must be certified as a SBE or M/WBE joint venture in order for the participation of the SBE or M/WBE partner to be counted toward the SBE goal and/or M/WBE goal requirement. The SBE or M/WBE partner's share in the ownership, control, management responsibilities, risks and profits of the joint venture must be at least 25 percent and the SBE or M/WBE partner must be responsible for a clearly defined portion of the work to be performed. Joint Venture Certification Applications are available upon request from the DCPS Office of Economic Opportunity. Joint Venture Certifications are required for each project Project the venture plans to participate in.