GENERAL SERVICES AGENCY CONTRACT MONITORING DIVISION

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1 London N. Breed, Mayor Naomi M. Kelly, City Administrator GENERAL SERVICES AGENCY CONTRACT MONITORING DIVISION Romulus Asenloo, Director RFP for Consultant Services for Environmental Review for Port of San Francisco Waterfront Plan Thursday, September 13, :00a.m. Port Commission Hearing Room CMD Contact Information Finbarr Jewell, Contracting Monitoring Division (415) , CMD administers SF Administrative Code Chapter 14B, which is the Local Business Enterprise ( LBE ) Program. Small or Micro local businesses and local non-profit organizations can be certified by CMD and receive the benefits of this program. Once these enterprises are certified, we call the local businesses LBEs, and we call the non-profit organizations NPEs. CMD Attachment 2 Please read CMD Attachment 2 carefully. CMD s 14B requirements are included in Attachment 2, which can be found at: To Become Certified as an LBE LBEs must be certified by CMD on the date the proposal is due in order to receive the benefits of the program. The certification application can be found on CMD s website at: To become certified, please contact CMD certification unit. The number is When seeking LBE certification, please be mindful the applicant must meet specific criteria to become certified. Please, be aware when applying for LBE certification the application process can take time. In the eventuality you are seeking certification for an upcoming bid or proposal please inform the certification unit before the proposal due date and project name. The Certification Unit cannot guarantee the application process is complete before the proposals date. If you plan to become certified, please contact the certification unit as soon as you can. Rating Bonus for Small or Micro-LBE The rating bonus for firms certified as Small or Micro-LBEs by CMD is 10%. This bonus is applied at each stage of the selection process. 30 Van Ness, First Second, San Francisco, CA 94102

2 Rating Bonus for Joint Ventures with Small or Micro-LBE Participation To qualify for a rating bonus based on a joint venture with a Small or Micro-LBE, each partner must meet the same minimum qualifications listed for the Prime or Joint Venture Partner as outlined in the bid proposal. The LBE Joint Venture partner must also share in the ownership, control, management, risk, and profit of the Joint Venture, in direct proportion to its stated level of participation. (For example, if a Lead-Joint Venture partner is supposed to participate at a rate of 60%, and a Non-Leading LBE Joint Venture partner is supposed to participate at a rate of 40%, the Non-Leading Joint Venture partner must possess 40% of the ownership, control, management. The rating bonus for a joint venture that includes at least 35% (but less than 40%) participation by a CMD-certified Small or Micro-LBE or NPE is 5%. The rating bonus for a joint venture that includes at least 40% participation by a CMD-certified Small or Micro-LBE is 7.5%. The rating bonus for a joint venture composed of only Small or Micro- LBEs is 10%. Please read Attachment 2 carefully information can be found at: CMD has denied the rating bonus to some joint ventures in the past. o Reasons for denying the bonus include: the Non-Leading Joint Venture partner is listed to perform sub-consultant work only; or the Joint Venture partners are of different disciplines (one is an accounting firm; the other is a building maintenance). Rating bonus for SBA-LBEs A 5% rating bonus will be applied to any proposal from an SBA-LBE, except that the 5% rating bonus shall not be applied at any stage of the process if it would adversely affect a Small or Micro-LBE proposer, or a Joint Venture with Small or Micro-LBE participation. LBE Sub-consulting Requirement The LBE sub consulting Requirement for this project is 18% of the total value of the goods and/or services to be procured.. When listing LBE sub-consultants please take into consideration teams that reflect the diversity of the City including participation of both business and residents form the City s most disadvantaged communities including, but not limited to, the Bayview/Hunters Point, Chinatown, Mission, South of Market, Tenderloin, Visitation Valley and Western Addition neighborhoods. As such, we recommend that bidders consider the composition of their teams in terms of gender, age, ethnic, and race, and utilize teams that include a diverse mix of staff at all original levels to meet the LBE requimrent please engage contracting.

3 . You must have LBE or NPE participation on this project to be responsive, and that participation must equal or exceed 18% of the total value of goods and/or services to be procured Only San Francisco Small & Micro LBEs and NPEs, certified by CMD, can be used to meet the sub-consulting participation requirement. A certified SBA-LBEs cannot be used to meet the LBE sub-consulting participation requirement. A Certified SFPUC- LBE or NPE Primes, and Joint Ventures with LBE or NPE participation cannot be used to meet the LBE sub-consulting requirement. Meeting the LBE requirement and having LBE or NPE participation in a JV are two different things. A list of certified firms that can be used to meet the sub-consulting requirement is available on CMD s website at: Before listing a LBE sub-consultant please check to ensure the firm will be certified on Thursday, October 18, 2018 ( Subject to change). LBEs and NPEs must be certified on Thursday, October 18, 2018, ( Subject to change) for a proposer to receive LBE participation credit toward the requirement, and must be CMD-certified in the work type for which you list them in CMD Form 2A, submitted with the proposal. Proposals must meet the 18% LBE sub-consulting requirement at the time of submittal, or the proposal will be deemed nonresponsive. Good Faith Outreach Under the recently amended 14B Ordinance, you must meet both the subconsulting requirement and good faith outreach requirements. There are two approaches you can use to meet the good faith outreach requirements. However, under both approaches, you must still meet the 18% LBE subconsulting participation requirement. 1. Under the first approach to Good Faith, the Prime Proposer must submit CMD Form 2B, the Good Faith Outreach Requirements Form, along with supporting evidence. You must achieve at least 80 points out of the possible 100 points listed on the Form. Here is how you achieve those points: If you attend this meeting and sign in, you get 15 points;

4 If you advertise to LBEs and NPEs at least 10 days before the proposal due date, you get 10 points. Generally, you can advertise for free on OCA s website see link:. You must submit evidence of this advertisement with your proposal. If you identify and select LBE and NPE work types from CMD s LBE directory located on our website - that can be used to meet the subconsulting requirement, and list those work types on Form 2B, you get 10 points. Next, contact LBE or NPE firms from the work types you identified in Step 3 at least 10 days before the proposal due date. You must include evidence of these contacts with your proposal ( , phone logs, or fax). Importantly, you must contact a certain number of firms. -If you have a work type with fewer than 25 LBE firms, you must contact all of those firms. -If you have a work type that lists more than 25 LBE/NPE firms, you need to contact just 25. For example: If you have a work type accounting for example - that lists 4 LBE or NPE firms, you must contact all 4 firms. If you have a work type that has 104 LBE or NPE firms, you need to contact at least 25. This is important because there is a total of 45 possible points for this step, and for every firm you incorrectly fail to contact, one point will be deducted from that 45. Finally, the last step under this approach is to follow-up, and negotiate in good faith, with any interested LBEs or NPEs to whom you reached out, and provide documentation of those contacts. There is a total of 20 points for this step, and again, for each interested LBE or NPE firm you do not follow up with, one point will be deducted. Please have your outreach person contact Finbarr if they are unsure of the CMD requirements as I am available to meet to clarify any questions they may have. OR 2. The 2 nd way you can meet the Good Faith Outreach requirement is called the 35% approach. For this approach, the Prime Proposer needs to exceed the project s stated LBE participation goal by 35%. For this project, 35% of the 18% subcontracting goal is 6.3%. When you add 6.3% to 18%, the total is 24.3%.

5 Therefore, if the Prime Proposer s LBE sub-consultant participation meets or exceeds 24.3%, the Proposer is exempt from meeting the 80 points of the Good Faith Outreach requirements. If you select this approach, a proposer must check YES under Section A of CMD Form 2B: Good Faith Outreach Requimrent Form. Moreover, under either approach, the proposer must meet the 18% LBE subconsulting requirement. Please Note: Small or Micro-LBE primes cannot count their contract work to meet the 18% LBE sub-consulting requirement. However, a Small or Micro-LBE prime may count its work to meet the extra 6.3% needed for this latter 35% Good Faith approach. Please read Form 2B very carefully, it will walk you through the two options that I just went over. Forms Prime Consultants must submit with the Proposal (from CMD Attachment 2): CMD Form 2A, the Contract Participation Form CMD Form 2B, the Good Faith Outreach Form, along with all supporting documentation as required. Form 3, the CMD Non Discrimination Affidavit. Form 4, the CMD Joint Venture Form (if applicable) Form 5, the CMD Employment Form. Please contact Finbarr with respect to the LBE Requirements and Forms. (415) Chapter 12B Equal Benefits Requirements: San Francisco Administrative Code Chapter 12B requires all firms contracting with the City to provide Equal Benefits for Employees with Spouses and for Employees with Domestic Partners. This means equal benefits for everything: health, dental; life/disability insurance; leave policies; everything. You must be 12B compliant to contract with the City. For more information about Chapter 12B Equal Benefits requirements and compliance, please contact CMD s Equal Benefit Unit at (415) or information can be found on CMD s website at:

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