Guidelines on Utilization of Small Minority and/or Women Business Enterprise (SMWBE)

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1 Attachment 14 The Alamo Community College District (ACCD) Office of Facilities Operations and Construction Management March 2010 Guidelines on Utilization of Small Minority and/or Women Business Enterprise (SMWBE) Page 1

2 The Alamo Community College District (ACCD) SMWBE Program Guidelines on Utilization of Small Minority and/or Women Business Enterprise (SMWBEs) Attachment 14 Table of Contents ACCD SMWBE Program Mission Statement page 3 ACCD Small Minority and/or Women Owned Business Enterprise Clause page 4-6 SMWBE Letter of Acknowledgement page 7 SMWBE Subcontracting Plan page 8-10 Self-Performance Justification page 10 SMWBE Subcontracting Plan Payment Request Form page 11 Minority and Trade Organizations Contact Information page 12 Page 2

3 ACCD SMWBE Program Mission Statement The Alamo Community College District (ACCD) Small, Minority and/or Women Business Enterprises (SMWBE) Program s initiative is to maximize the participation of SMWBE vendors on all contracting opportunities. Page 3

4 ACCD SMALL MINORITY AND/OR WOMEN OWNED BUSINESS ENTERPRISE CLAUSE It is the practice of the ACCD to encourage participation by small, minority and/or women owned business enterprise (SMWBE s) as professional/consulting firms to the ACCD. The term " small, minority and/or women owned business enterprise " means a business which is a Corporation, Sole Proprietorship, Partnership or Joint Venture in which at least 51 percent is owned, operated, and controlled by a person or persons who are socially disadvantaged because of their identification as members of certain groups, who historically have suffered the effects of discriminatory practices. SMWBE groups include: Black Americans - which includes persons having origins in any of the Black racial groups of Africa; Hispanic Americans - which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; Asian Pacific Americans - which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific and the Northern Marianas; Native American - which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; and Women - which includes all women of any ethnicity Small Business Enterprise. ACCD Acquisitions Department maintains an active program for the identification and placement of small and HUB businesses for request for proposals mailing lists, and to provide information and other assistance to facilitate the use of such firms as consultants to the maximum extent practical. Small and HUB businesses seeking contracting opportunities should file a "Request to be Added to Bidder/Vendor List" with the ACCD Acquisitions Office, 201 West Sheridan Street, Building A, Room 101, San Antonio, Texas or call at Firms seeking contracting opportunities will be encouraged to use their best efforts to carry out this practice through subcontracting of small and/or minority business enterprises to the fullest extent consistent with efficient performance. Page 4

5 DEFINITIONS 1. TYPES OF ENTERPRISES A. Minority Business Enterprise: B. Small Business Enterprise: C. Women Owned Business Enterprise: Means a business enterprise that is owned/controlled and operated by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians and Pacific Islanders. Minority person(s) shall collectively own, operate, and share in payments from such an enterprise in the manner hereinafter set forth. Means a corporation, partnership, sole proprietorship or other legal entity for the purpose of making a profit, which is independently owned and operated, which includes small businesses as defined by certification agency. Means a sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation, limited liability Company, or other form of entity, at least 51.0% of whose assets or ownership interests are owned by one or more women. Page 5

6 2. OWNERSHIP AND CONTROL A. Owned: B. Controlled/Operated: C. Share in Payments: 1. For a sole proprietorship to be deemed minority business enterprise, it must be owned by a minority person. 2. For an enterprise doing business as a partnership, it is necessary that at least 51.0% of its assets or interests in the partnership property be owned by one or more minority person(s). 3. For an enterprise doing business as a corporation, limited liability Company, or other form of entity, it is necessary that at least 51.0% of its assets or ownership interests be owned by one or more minority person(s). That the primary power to manage a business enterprise shall rest with minority person(s). Minority partners, proprietor, members, stockholders or other owners of the enterprise, as the case may be, shall be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontractor payments, and any other monetary distribution paid by the business enterprise. Page 6

7 (RESPONDENT S BUSINESS LETTERHEAD) Date Mr. John Strybos Associate Vice Chancellor of Facilities Operations and Construction Management The Alamo Community College District (ACCD) 7990 Pat Booker Road Live Oak, Texas Re: Small Minority and/or Women Owned Business Enterprise (SMWBE) Subcontracting Plan for (Project Title) CSP Number - Dear Mr. Strybos, In accordance with the statement outlined in Attachment 14, I have read and understand the Alamo Community College District s (ACCD) guidelines for the utilization of Small Minority and/or Women Owned Business Enterprise (SMWBE). Also, I am pleased to forward this (SMWBE) subcontracting plan as an integral part of our submission in referencing the above project. This (SMWBE) subcontracting plan includes subcontracting opportunities [refer to Attachment 14, page 8] representing (no. of subcontractors) trades with a total dollar value of $. These figures represent a cumulative percentage of %. For each of the listed (SMWBE) subcontractors, I have attached their certification document by an approved certifying agency and by completion of Section 6 of the (SMWBE) subcontracting plan, I affirm my intent to utilize the subcontractors selected to perform the scope of work to be subcontracted. Should we discover additional subcontractors claiming (SMWBE) status during the course of this contract we will notify you of the same. In addition, if for some reason a (SMWBE) is unable to fulfill its contract with us, we will notify you immediately in order to take the appropriate steps to amend this contractual obligation. Sincerely, (Project Executive) cc: Project Manager Page 7

8 ACCD SMWBE Subcontracting Plan - - Special Instructions/Additional Requirements - - Respondents shall submit a completed SMWBE Subcontracting Plan to be considered responsive (pages 7, 8, 9 and 10). Failure to submit a completed Subcontracting Plan shall result in point(s) reduction in the evaluation process for the bid and/or proposal. Respondents who intend to Self-Perform all of their work shall submit a Subcontracting Plan for Self- Performance (pages 8, and 10). SMWBE Subcontracting Plan Prime Contractor Payment Request Form page 11 shall be submitted with each request for payment as a condition of payment. SECTION 1 - RESPONDENT AND SOLICITATION INFORMATION a. Respondent (Company) Name: Point of Contact: Phone #: b. Is your company a certified SMWBE? - Yes - No c. CSP #: SECTION 2 - SUBCONTRACTING INTENTIONS - Yes, I will be subcontracting portion(s) of the contract. (If yes, in the spaces provided below, list the portions of work you will be subcontracting, and go to page 10.) - No, I will not be subcontracting any portion of the contract, and will be fulfilling the entire contract with my own resources. (Go to page 11) Line Item # - Subcontracting Opportunity Description Line Item # - Subcontracting Opportunity Description ( #1) - (#11) - ( #2) - (#12) - ( #3) - (#13) - ( #4) - (#14) - ( #5) - (#15) - ( #6) - (#16) - ( #7) - (#17) - ( #8) - (#18) - ( #9) - (#19) - (#10) - (#20) - Page 8

9 IMPORTANT: You must complete a copy of this page for each of the subcontracting opportunities you listed in SECTION 2. You may photocopy this page. SECTION 3 - SUBCONTRACTING OPPORTUNITY Enter the line item number and description of the subcontracting opportunity you listed in SECTION 2. Line Item # Description: SECTION 4 - NOTIFICATION OF SUBCONTRACTING OPPORTUNITY Complying with a, b and c of this section constitutes Good Faith Effort towards the portion of work listed in SECTION 3. After performing the requirements of this section, complete SECTION 5, 6 and 8. a. Provide written notification of the subcontracting opportunity listed in SECTION 3 to three (3) or more SMWBEs. You can use the State of Texas Centralized Master Bidders List (CMBL), found at and it s HUB Directory, found at Also, the South Texas Regional Certification Agency s (STRCA) database at to identify available SMWBEs. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. b. Provide written notification of the subcontracting opportunity listed in SECTION 3 to a minority or women trade organization or development center to assist in identifying potential SMWBEs by disseminating the subcontracting opportunity to their members/participants. A list of trade organizations and development centers are available on page 13. Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. c. Written notifications should include the scope of the work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. Unless the contracting agency has specified a different time period, you must allow the SMWBEs no less than five (5) working days from their receipt of notice to respond, and provide notice of your subcontracting opportunity to a minority or women trade organization or development center no less than five (5) working days prior to the submission of your response to the contracting agency. SECTION 5 - SMWBE FIRMS CONTACTED FOR SUBCONTRACTING OPPORTUNITY List three (3) certified SMWBEs you notified regarding the portion of work (subcontracting opportunity) listed in SECTION 3. Specify the vendor ID number, date you provided notice, and if you received a response. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. Company Name VID # Notice Date (mm/dd/yyyy) Was Response Received? SECTION 6 - SUBCONTRACTOR SELECTION / / - Yes - No / / - Yes - No / / - Yes - No List the subcontractor(s) you selected to perform the portion of work (subcontracting opportunity) listed in SECTION 3. Also, specify the expected percentage of work to be subcontracted, the approximate dollar value of the work to be subcontracted, and indicate if the company is a SMWBE. Expected % Approximate Certified SMWBE? Company Name VID # of Contract Dollar Amount % $ - Yes - No* *If the subcontractor(s) you selected is not a SMWBE, provide written justification of your selection process below: Page 9

10 SECTION 7 - SELF PERFORMANCE JUSTIFICATION (If you responded No to SECTION 2, you must complete SECTION 7 and 8.) Does your response/proposal contain an explanation demonstrating how your company will fulfill the entire contract with its own resources? - Yes If Yes, in the space provided below, list the specific page/section of your proposal which identifies how your company will perform the entire contract with its own equipment, supplies, materials and/or employees. - No If No, in the space provided below, explain how your company will perform the entire contract with its own equipment, supplies, materials, and/or employees. SECTION 8 - AFFIRMATION As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the SMWBE Subcontracting Plan are true and correct. Respondent understands and agrees that, if awarded any portion of the solicitation: The respondent must submit monthly compliance reports (Payment Request Forms) to ACCD, verifying their compliance with the SMWBE Subcontracting Plan, including the use/expenditures they have made to subcontractors. The respondent must seek approval from ACCD prior to making any modifications to their SMWBE Subcontracting Plan. The respondent must, upon request, allow ACCD to perform on-site reviews of the company s headquarters and/or work-site where services are to be performed and must provide documents regarding staff and other resources. Signature Printed Name Title Date Page 10

11 SMWBE Subcontracting Plan Payment Request Form This form must be completed and submitted to ACCD each month to document compliance with your Subcontracting Plan. Contract/Requisition Number: Date of Award: Object Code: (mm/dd/yyyy) (ACCD Use Only) Contractor (Company) Name: Point of Contact: Phone #: Reporting Period: - Jan. - Feb. - Mar. - Apr. - May - Jun. - Jul. - Aug. - Sept. - Oct. - Nov. - Dec. (Check only one Month) Total Contract Amount Paid this Reporting Period to Contractor: $ Report SMWBE and Non-SMWBE subcontractor information Subcontractor s Name Subcontractor s VID or SMWBE Certificate Number Total Contract $ Amount from Subcontracting plan with Subcontractor Total $ Amount Paid This Period to Subcontractor TOTALS: $ Total Contract $ Amount Paid to Date to Subcontractor Object Code (agency use only) Signature Printed Name Title Date Page 11

12 Minority Contractors Association- San Antonio Hispanic Contractors Association de San Antonio 2800 NE Loop 410, Suite 207 San Antonio, Texas Office # & Fax # SMWBE Solicitations contact: SMWBE Resource List for San Antonio Greater San Antonio Black Contractors Association SMWBE Solicitations contact: Minority Chambers of Commerce- San Antonio Alamo Asian American Chamber of Commerce P. O. Box San Antonio, Texas Office # SMWBE Solicitations contact: Melinda A. Rodriguez- Alamo City Chamber of Commerce 600 Hemisfair Plaza Way Building San Antonio, Texas Office # & Fax # SMWBE Solicitations contact: Gwendolyn Robinson- The San Antonio Hispanic Chamber of Commerce Casa De Mexico International Building 318 West Houston St. Suite 300 San Antonio, Texas Office # & Fax # SMWBE Solicitations contact: Contractors Association- San Antonio Builders Exchange of Texas, Inc Naco Perrin Blvd. San Antonio, Texas Office # & Fax # Associated General Contractors (AGC) of San Antonio Gulfdale St. San Antonio, Texas Office # & Fax# Contact: Doug McMurry The South Texas Regional Certification Agency: Texas Procurement and Support Services Division Page 12

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