Frequently Asked Questions
CITY OF TAMPA
EQUAL BUSINESS OPPORTUNITY PROGRAM COMPLIANCE
FREQUENTLY ASKED QUESTIONS (FAQs)
Per the Equal Business Opportunity Ordinance number 2008-89, effective July 2008, to promote Small local Business Enterprise (SLBE) participation in subcontracting opportunities, the City of Tampa will establish subcontract goals for certified SLBE participation. The goals will be based on available SLBE firms and the identified subcontracting opportunities.
Q. How does the WMBE Program work?
Q. How long does it take to get certified?
Q. Are there any special requirements for the
Local Business Enterprise Program (SLBE)?
Q. How do I bid for SLBE projects?
Q. How do I get certified as a Small
Local Business Enterprise
SLBE SUBCONTRACTING GOALS
Q. If my company is a City of Tampa certified SLBE the contract amount ultimately will be credited to prime SLBE participation, do I still have to meet the SLBE subcontracting goal?
A. Yes, the City expects all SLBE Prime bidders to make a good faith effort to achieve the SLBE subcontracting goals. SLBE primes are not exempt from soliciting SLBE subcontractors if subcontractors are to be used.
GOOD FAITH EFFORTS
Bidders are to submit (as part of their bids) documentation of their good faith outreach to solicit SLBEs in providing the work for the contract, bid or proposal.
Q. What are good faith efforts?
A. Good faith efforts are the actions and methods taken by the bidder to achieve the SLBE subcontracting goals.
Q. How should I document my company's good faith efforts?
A. All bidders must complete and submit (as part of their bid) the form entitled "Compliance Plan for Small Local Business Subcontracting."
Q. If my company achieves the SLBE subcontracting goals do I have to document its good faith efforts?
A. No, however, all bidders must submit the Compliance Plan form at a minimum. Bidders that meet or exceed the SLBE goal need only mark the first check-box on the form. The ten (10) action steps required under the Compliance Plan documentation need not be reported.
Q. Who will review my documentation and why?
A. The staff of the MBD Office will review the veracity of good faith efforts. The information will assist the City in determining bidder responsiveness to bid requirements for award.
Q. How do I identify the City of Tampa certified SLBEs that perform the type of work I plan to subcontract?
A. The listing of City certified SLBEs is updated monthly and is available on-line at: http://www.tampagov.net/dept_minority_business_development/information_resources/publications.asp Bidders should use the most current SLBE directory on that site at the time the bid is advertised.
Q. Must I solicit all SLBEs listed under each trade or service identified for subcontracting opportunities or is it sufficient to solicit only a few under each category?
A. We encourage bidders to solicit all SLBEs listed under the trades or services identified for subcontracting.
Q. Can I solicit SLBE subcontractors by fax?
A. Yes. We encourage SLBE solicitation by fax. Fax confirmation reports should be included with the completed Compliance Plan form as part of the documentation of SLBE solicitation efforts.
Q. What should I do if the fax transmission does not go through or if I cannot find a fax number for a SLBE?
A. Make at least two attempts to send the fax. If you cannot identify a fax number for an SLBE, send the solicitation letter by standard U.S. mail and try to telephone the SLBE. Keep a copy of the mailed letter and, if necessary, include it in the bid package with notes explaining what occurred. Send all solicitations in sufficient time to allow SLBEs to prepare a bid or quote. Keep a log of all outreach.
Q. To show good faith efforts, is it enough for me to submit a statement that economically feasible portions of work were selected for subcontracting to SLBEs?
A. No, you should submit a copy of the lists of the trades and services which you sent to SLBEs when you solicited their bids and quotes.
Q. How do I determine the "economically feasible portions of work" for subcontracting opportunities?
A. Bidders should review the City's plans and specifications to determine the trades and services required to complete the project and review the current SLBE Directory to identify the SLBEs that provide those trades and services.
Q. The City’s plans and specifications include a copy of the goal setting worksheet that lists scopes of work with the names of SLBEs. Am I required to use those scopes of work as my subcontracting opportunities?
A. Yes, we suggest those scopes of work as a minimum guideline where availability has already been determined for you. However, the goal setting worksheet is sometimes prepared months in advance. Therefore, you should also use the current monthly SLBE directory for currently certified SLBEs.
Q. Should I also identify additional subcontracting opportunities?
A. Copies of the goal setting worksheets are provided for the bidders' convenience. When you have not met the goals, you should also consider other subcontracting opportunities for which SLBEs are available
Q. If I can do the work with my own employees , do I still have to try to use certified SLBEs?
A. Bidders should make a "good faith effort" to meet the goals. If a bidder intends to self-perform a scope of work that is listed on the goal setting worksheet, he should try to identify other subcontracting opportunities of equal or greater value that will assure the possibility of meeting the goals. In this instance, submit a written statement identifying the substituted trade or service and its estimated dollar value.
Q. Is there ever an instance when I do not need to document negotiations with an SLBE?
A. Bidders do not need to document negotiations with an SLBE when another SLBE will be performing the same scope of work.
Q. On what type of negotiations with SLBEs must I submit documentation? What if an SLBE’s price is too high?
A. Never ask an SLBE if it can "beat" a certain price. It is O.K. to ask for the SLBE's "best and final" offer or to discuss incomplete scopes of work or to negotiate with the SLBE about performing only a specific portion of work within a trade or service. Negotiating is not bid shopping.
Q. At what point in the process should I offer assistance and to what extent am I required to assist SLBEs?
A. The offer of assistance should be made in the solicitation letter. Bidders should offer to make plans and specifications available to SLBEs. Additionally, bidders might refer SLBEs to the bidders bonding company, insurance company or financial institutions to meet the bidders' requirements in these areas.
Q. Am I ever required to waive bonding, insurance or financing requirements for a SLBE subcontractor?
A. No, SLBEs should be held to the same standards as non-SLBE subcontractors (no more, no less). However, a bidder may choose to waive requirements for SLBEs at the bidder's discretion.
Q. Must I use a SLBEs quote even if I receive a lower quote from a non-SLBE?
A. No, however, you should ask SLBEs for their "best and final" offer and submit, as part of your bid, applicable documentation (for example: a copy of the SLBE's quote, a copy of the quote for the non-SLBE that will be used instead, an estimate of the fair market value of the work, or whatever is applicable) and submit a written statement about negotiations with the SLBE.
Q. Can a determination of non-qualification be made prior to contacting the SLBE?
A. Yes, a SLBE can be determined unqualified if you are currently in litigation with the SLBE or if you have a preponderance of evidence of the SLBE's demonstratable inferior performance.
Q. For what other reasons might an SLBE be considered unqualified?
A. Reasons for which an SLBE might be considered unqualified are (but are not limited to) failure to meet licensing, bonding, insurance, financial, or experience requirements that are expected of any other non-SLBE subcontractor.