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No. 631
SECTION: FINANCES
TITLE: MINORITY/WOMEN/
DISADVANTAGED BUSINESS
ENTERPRISES
PARTICIPATION
ADOPTED: DECEMBER 21, 2015
REVISED:
HARRISBURG
SCHOOL DISTRICT
631. MINORITY/WOMEN/DISADVANTAGED BUSINESS
ENTERPRISES PARTICIPATION
1. Purpose
It is the policy of the Harrisburg School District (HSD) that Minority, Women and
Disadvantaged Business (M/W/DBEs) Enterprises as defined in this Document
have the maximum opportunity to participate in the performance of Harrisburg
School District contracts. It is also our policy:
1. To ensure nondiscrimination in the award and administration of HSD -
assisted contracts;
2. To create a level playing field on which M/W/DBEs can compete fairly for
HSD- assisted contracts;
3. To ensure that the M/W/DBE Program is narrowly tailored in
accordance with applicable law;
4. To ensure that non-women and/or minority owned firms, that fully meet 49 CFR
Part 26 eligibility standards, are also permitted to participate as M/W/DBEs;
5. To help remove barriers to the participation of M/W/DBEs in HSD assisted
contracts;
6. To assist the development of firms that can compete successfully in the market
place. It is the policy of the Board to award a fair share of business contracts to
minority and women-owned business enterprises. The Board expects the efforts of
contractors to be directed towards helping the district fulfill this mission and
implement this policy to its fullest intent. The use of businesses based in the
district will be given prime consideration;
Satisfying these requirements means the participation of minority and women-
owned businesses in contracts let by the district. Bona fide minority and women-
owned business enterprises will participate in providing genuine services or
perform significant work as manufacturers, contractors, subcontractors, and owner-
operators of equipment and trucks in construction activities undertaken in the
district.
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 2
The Harrisburg School District (HSD) has established, in connection with this
contract, the specified goals in the Bid Form for the utilization of Minority,
Women and Disadvantaged Business Enterprises (M/W/DBEs). These goals
remain in effect throughout the life of the contract.
2. Authority
Implementation guidelines will be determined by the Board and outlines in the
District’s M/W/DBE participation contract language.
3. Failure to Comply
with M/W/DBE
Requirements
Failure to carry out these requirements constitutes a breach of contract that may
result in termination of the contract, being barred from bidding on Harrisburg
School District contracts for up to three (3) years or such other remedy as the
Harrisburg School District deems appropriate. Failure to comply with M/W/DBE
requirements will include but not be limited to failure to submit the M/W/DBE
Participation Statement within the time requirements of these provisions for
submission of required documents; failure to exert a reasonable good faith effort
(as determined by the Harrisburg School District for good faith efforts) to meet
the established goals; failure to realize the M/W/DBE participation set forth in the
approved M/W/DBE Participation Statement; or failure to submit the M/W/DBE
Participation Statement in every subcontract, so that such provisions will be
binding upon each subcontractor, supplier, or service agency.
Include the provisions of the above paragraph in every subcontract, so
that such provisions will be binding upon each subcontractor, supplier, or
service agency.
DEFINITIONS OF TERMS
As used in this Document, the terms “Minority Business Enterprise,” “Women
Business Enterprise,” “Disadvantaged Business Enterprise,” “Minority,”
“Women,” and “Owned and Controlled” are defined below:
a) "Minority Business Enterprise" or "MBE" means a small business
concern as defined in Small Business Act 15 USC as amended:
i) Which is at least 51 percent owned by the one or more
minority individuals, or, in the case of any corporation at least
51 percent of the stock of which is owned by one or more
minority individuals and:
ii) Whose management and daily business operations are controlled
by one or more of the minority individuals who own it.
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 3
b) "Women Business Enterprise" or "WBE" means a small business
concern as defined in Small Business Act 15 USC as amended:
i) Which is at least 51 percent owned by the one or more female
individuals, or, in case of any corporation at least 51 percent of
the stock of which is owned by one or more female individuals;
and
ii) Whose management and daily business operations are controlled
by one or more of the female individuals who own it.
c) “Disadvantaged Business Enterprise” or “DBE” means a for-
profit small business concern:
i) That is at least 51 percent owned by one or more individuals
who are both socially and economically disadvantaged or, in the
case of a corporation, in which 51 percent of the stock is owned
by one or more such individuals; and
ii) Whose management and daily business operations are controlled
by one or more of the socially and economically disadvantaged
individuals who own it.
d) “Minority” means those individuals who are citizens of the United
States (or lawfully admitted permanent residents) and who are Black
Americans, Hispanic Americans, Native Americans, Asian-Pacific
Americans, or Subcontinent Asian Americans and any other individuals
found to be disadvantaged by the Small Business Administration pursuant
to Section 8(a) of the Small Business Act as amended:
i) “Black Americans,” which includes persons having origins in any
of the
Black racial groups of Africa;
ii) “Hispanic Americans,” includes persons of Mexican, Puerto
Rican, Cuban, Dominican, Central or South American, or other
Spanish or Portuguese culture or origin, regardless of race;
iii) “Native Americans,” which includes persons who are American
Indians, Eskimos, Aleuts, or Native Hawaiians;
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 4
iv) “Asian-Pacific Americans,” which includes persons whose
origins are from Japan, China, Taiwan, Korea, Burma (Myanmar),
Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia,
Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust
Territories of the Pacific (Republic of Palau), the Commonwealth
of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati,
Juvalu, Nauru, Federated States of Micronesia or Hong Kong.
v) “Subcontinent Asian Americans,” which includes persons
whose origins are from India, Pakistan, Bangladesh, Bhutan,
the Maldives Islands, Nepal or Sri Lanka.
e) “Women” means females.
f) "Owned and Controlled" means a business:
i) Which is at least 51 percent owned by one or more minority or
female persons, in case of a corporation, at least 51 percent of the
stock of which is owned by one or more minority or female
persons; and
ii) Whose management and daily business operations are controlled
by one or more of such individuals.
M/W/D/BE PARTICIPATION GUIDELINES
The District will take necessary and reasonable steps to ensure that M/W/DBEs
have the maximum opportunity to compete for and perform contracts. Do not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of Harrisburg School District contracts.
The utilization of M/W/DBEs is in addition to other equal opportunity
requirements of the contract. Count M/W/DBE participation toward meeting
M/W/DBE goals as follows:
a) If a firm is determined to be an eligible M/W/DBE for contracting or
subcontracting purposes, the total dollar value of the contract awarded to
the M/W/DBE counts toward the applicable M/W/DBE goal. For example,
if a firm is both an MBE and a WBE, you must declare which goal you are
meeting, the
MBE goal OR the WBE goal. You may not utilize one firm to meet both
goals. If a firm is neither an MBE nor a WBE but is currently certified as a
DBE with the Pennsylvania Unified Certification Program (PAUCP), you
must declare which goal you are meeting, the MBE goal OR the WBE goal.
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 5
b) Count toward the M/W/DBE goal(s) a portion of the total dollar value
of a contract with a joint venture equal to the percentage of ownership
and control of the M/W/DBE participant(s) in the joint venture.
c) Count toward the M/W/DBE goals only expenditures to M/W/DBEs that
perform a commercially useful function in the work of a contract. An
M/W/DBE is considered to perform a commercially useful function when it
is responsible for execution of a distinct element of the work of a contract
and carrying out its responsibilities by actually performing, managing, and
supervising the work involved. To determine whether an M/W/DBE is
performing a commercially useful function, the Harrisburg School District
will evaluate the amount of work subcontracted, industry practices, and
other relevant factors.
(d) Suppliers:
(i) Count toward the M/W/DBE goal 60 percent of expenditures for materials and supplies required under the contract and obtained
from an M/W/DBE regular dealer and count toward the
M/W/DBE goal 100 percent of expenditures to an M/W/DBE
manufacturer.
(ii) An M/W/DBE manufacturer is a firm that operates or
maintains a factory or establishment that produces on the
premises the materials or supplies to be purchased for the work.
(iii) An M/W/DBE regular dealer 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.
(iv) An M/W/DBE regular dealer is a firm that engages in, as its
principal business, and in its own name, the purchase and sale of
the products in question. An MBE, WBE or DBE 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.
(v) M/W/DBE brokers and M/W/DBE packagers are not
regarded as M/W/DBE manufacturers or M/W/DBE regular
dealers within the meaning of these provisions.
(f) Count toward the M/W/DBE goal the following expenditures to
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 6
M/W/DBE
firms that are not M/W/DBE manufacturers or M/W/DBE regular dealers:
(i) The fees or commissions charged for providing a BONA FIDE
service, such as professional, technical, consulting or managerial
services and assistance in the procurement of essential personnel
and/or facilities.
(ii) The fees charged for delivery of materials and supplies required
on a job site (but not the cost of the materials and supplies
themselves) when the M/W/DBE hauler, M/W/DBE trucker, or
M/W/DBE delivery service is not also the M/W/DBE manufacturer
of or an M/W/DBE regular dealer in the materials and supplies,
provided that the fee is determined by the District to be reasonable
and not excessive as compared with fees customarily allowed for
similar services.
(iii) The fees or commissions charged for providing any bonds or
insurance specifically required for the performance of the
contract, provided that the fee or commission is determined by the
District to be reasonable and not excessive as compared with fees
customarily allowed for similar services.
CERTIFICATION OF MINORITY PARTICIPATION
The apparent selected bidder MEETING or EXCEEDING the M/W/DBE goals
must provide the following to the M/W/DBE Coordinator by 4:00 P.M. of the
seventh (7th) calendar day after notification by the District:
a) M/W/DBE Participation Statement The apparent selected bidder must
provide a list of M/W/DBE firms that they will work with to fulfill the
M/W/DBE goals. The District reserves the right to contact any M/W/DBE
firm(s) with regard to the authenticity of the documentation as stated on the
M/W/DBE Participation Statement. Any evidence of fraudulent
information submitted by the apparent selected bidder with regard to
M/W/DBE participation is subject to disbarment from District work and/or
possible legal action.
Any apparent selected bidder NOT MEETING the goals established by the
District must submit documentation that demonstrates their good faith efforts to
meet the M/W/DBE contract goals.
i) You are expected to demonstrate good faith efforts by actively
and aggressively seeking out M/W/DBE participation in the project
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 7
to the maximum extent given all relevant circumstances. The
following documentation represents the kinds of efforts that may be
taken but are not deemed to be exclusive or exhaustive, and the
District will consider other related factors and types of efforts that
may be relevant:
(1) Documentation of efforts made to select portions of
the work bid to be performed by M/W/DBEs in order to
increase the likelihood of achieving the stated goals,
including, where appropriate, but not limited to breaking
down contracts into economically feasible units to
facilitate M/W/DBE participation.
(2) Written notification dated at least fifteen (15)
calendar days prior to the opening of bids to individual
M/W/DBEs soliciting their participation in the contract
as a subcontractor/subvendor. Indicate in the
notification the specific items or type of work involved.
(3) Written notification to minority, women and
disadvantaged economic development assistance agencies
and organizations that provide assistance in recruitment and
placement of M/W/DBEs for the type of work being
considered by M/W/DBEs on this contract.
(4) Documentation of efforts made to negotiate with
M/W/DBEs for specific items of work which should
include the following:
(a) The names, addresses, telephone numbers and
emails of M/W/DBEs who were contacted, along
with the dates of initial contact and whether initial
solicitations of interest were followed up by
contacting the M/W/DBEs to determine with
certainty whether the M/W/DBEs were interested;
(b) A description of the scope of work provided to
M/W/DBEs. (5) Documentation of contact with each M/W/DBE
contacted but rejected and the reasons for the rejection.
(6) Documentation to certify that no exclusivity agreement
exists between you and an M/W/DBE firm in relation to
this bid.
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 8
(7) Documentation of efforts made to aid any M/W/DBEs
that need assistance in obtaining required bonding,
insurance, or lines of credit required by you.
(8) Documentation to certify that qualified M/W/DBEs
are not available, or not interested.
(9) Documentation to certify attendance at any meetings
to encourage better utilization of M/W/DBE firms and
encourage M/W/DBE utilization opportunities, etc.
(10) Documentation to certify advertisement in general
circulation media, trade association publications,
disadvantaged-focus media of interest for M/W/DBEs in
area of interest.
(11) Documentation of efforts to effectively use the
services of available M/W/DBE community organizations;
contractors' groups; local, state and federal business
assistance offices; and other organizations that provide
assistance in the recruitment and placement of
M/W/DBEs.
ACTIONS REQUIRED BY PRIME
VENDOR (AFTERWARD)
If the District approves an M/W/DBE Participation Statement which is less than
the M/W/DBE goals of the contract, continued efforts to increase M/W/DBE
participation must be made.
a) If for any reason during the life of the contract it is necessary to replace
an M/W/DBE that is unable to perform successfully, a good faith effort
must be made to re-contract that work with another M/W/DBE firm. If the
projected M/W/DBE participation on an approved M/W/DBE
Participation Statement exceeds the goal amount for the contract without
counting the amount committed to the defaulting M/W/DBE, then no
contract shortfall exists and you need not replace the defaulting
M/W/DBE. In compliance with the above adhere to the following
procedure:
i) Notify the District immediately in writing of the M/W/DBE's
inability to perform and your intent to obtain a substitute M/W/DBE
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 9
if an M/W/DBE contract shortfall exists.
ii) When you learn an M/W/DBE is unable to perform successfully
and the committed amount cannot be met, provide the District with a
revised M/W/DBE Participation Statement (show total paid/due, if
any, to defaulting M/W/DBE) and additional good faith efforts
documentation by 4:00 P.M. of the seventh (7th) calendar day
thereafter. The District will evaluate this documentation. The
District will contact you if it has questions during its review of your
good faith efforts documentation.
iii) During the seven (7) calendar day period plus an additional
period for District processing of the revised M/W/DBE
participation plan, you may continue the defaulted work with your
own workforce to maintain the scheduled progress of the work.
iv) If the District cannot accept your good faith efforts, or if you
fail to comply with these provisions, it will constitute a breach of
contract that may result in termination of the contract, being
barred from bidding on District contracts for up to three (3) years
or such other remedy as the District deems appropriate.
b) When additional and/or extra work is necessary and the original
contract amount exceeds $150,000, the M/W/DBE contract goals apply to
that additional and/or extra work each time the cumulative net dollar
value of additional and/or extra work either exceeds $100,000 or is
greater than 10 percent of the original contract amount, provide a revised
M/W/DBE Participation Statement to the M/W/DBE Director and comply
with the following procedures:
i) Contact qualified M/W/DBEs and available M/W/DBE referral
sources in an effort to contract the required percentage of the
additional and/or extra work.
ii) Provide the District with a revised M/W/DBE Participation
Statement and good faith efforts information by 4:00 P.M. of the
seventh (7th) calendar day after notification that the additional
and/or extra work is approved.
c) The District will evaluate your good faith efforts information. Again,
the District will contact you if it has questions during its review of your
good faith efforts information.
d) If the District cannot accept your good faith efforts, or if you fail to
comply with these provisions, this will constitute a breach of contract that
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 10
may result in termination of the contract, being barred from bidding on
District contracts for upto three (3) years or such other remedy as the District
deems appropriate.
e) Bring to the attention of the District, in writing, any situation in which
regularly scheduled progress payments are not made to M/W/DBE firms.
RE CO RDS AND RE P O RT S
Keep such records as are necessary to determine compliance with your M/W/DBE
obligations. Design these records to indicate:
a) The number of M/W/DBE firms and the type of work performed on the
project.
b) The progress and efforts made in seeking out M/W/DBE organizations
and individual M/W/DBE firms for work on the project to increase the
M/W/DBE participation and/or to maintain M/W/DBE participation levels
during the life of this contract.
c) Documentation of correspondence, contacts, telephone calls, etc., to
obtain the services of M/W/DBEs on the project.
d) The Harrisburg School District uses an electronic PDF form that allows
you to report payments to your subcontractors/subvendors on contracts you
have with the District. The fillable PDF form will be sent to you via email
along with your
Prime Vendor ID Number. Simply update the District’s information
regarding the payments you have made.
i) Prime vendors will be required to report on the 10th of each
month the M/W/DBE participation paid in the previous month.
ii) In addition to monthly reporting, submit paid invoices,
cancelled checks, electronic check images and certification
attesting to actual amount paid to each M/W/DBE.
iii) An explanation of the difference between actual amount
paid and award amount, if any, must be provided.
e) Maintain records for a period of 3 (three) years following
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 11
acceptance of final payment.
f) Make records available for inspection by the
District.
ACT I O N T O B E T AK E N B Y T H E DI S T RI CT
(A F T E R A W A R D )
To ensure that your obligations regarding M/W/DBEs are met, the District will
review your M/W/DBE program and its implementation throughout the
contract.
a) Sanctions: Upon completion of the work, the District will review the
actual M/W/DBE participation realized and make a determination
regarding your compliance with these specifications:
i) In the event you are found to be in non-compliance, the
District may impose sanctions that it deems appropriate.
ii) The District may impose sanctions for unwarranted
shortfalls in the approved goals.
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 12
Harrisburg School District 3URSRVHG - M/W/DBE Participation 6WDWHPHQW
This form must be completed and submitted with your proposal.
RFP #: Name of Bidder or Proposer: Certification: Certified by:
Address: Contact Person: Email: Phone Number:
List below all M/W/DBEs that were solicited whether or not commitment was obtained. Copy this form as necessary.
1. M/W/DBE Firm Name: Address:
Contact Person: Phone Number: Email:
Certification: Certified By: PA UCP
Other (please specify):
Types of Subcontract Work or Materials: Services: Materials:
Date Solicited: Solicitation Method: Phone Email
Quote Received: Yes No
Commitment Made: Yes – Date: _ No
Amount Committed: $ Amount: $ % Of Total Bid: _
Give Reason(s) If No Commitment Made:
2. M/W/DBE Firm Name: Address:
Contact Person: Phone Number: Email:
Certification: Certified By: PA UCP
Other (please specify):
Types of Subcontract Work or Materials: Services: Materials:
Date Solicited: Solicitation Method: Phone Email
Quote Received: Yes No
Commitment Made: Yes – Date: _ No
Amount Committed: $ Amount: $ % Of Total Bid: _
Give Reason(s) If No Commitment Made:
3. M/W/DBE Firm Name: Address:
Contact Person: Phone Number: Email:
Certification: Certified By: PA UCP
Other (please specify):
Services: Types of Subcontract Work or Materials:
Materials:
Date Solicited: Solicitation Method: Phone Email
Quote Received: Yes No
Commitment Made: Yes – Date: _ No
Amount Committed: $ Amount: $ % Of Total Bid: _
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 13
Give Reason(s) If No Commitment Made:
Form prepared by (print name):___________________________________ Title: _________________________________________
Signature: _____________________________________________________ Date: _________________________________________
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 14
HARRISBURG SCHOOL DISTRICT BIDDER/PROPOSER CONTACT FORM
This form must be completed and submitted with your bid or proposal.
RFP/PROJECT NUMBER:
RFP/PROJECT TITLE:
NAME OF BIDDER OR PROPOSER:
MAILING ADDRESS:
WEBSITE:
*CONTACT PERSON:
CONTACT PHONE:
CONTACT FAX:
CONTACT EMAIL:
* Please list the individual at your company who deals with M/W/DBE concerns.
631. MINORITY/WOMEN/DISADVANTAGES BUSINESS ENTERPRISE PARTICIPATION-
Pg. 15
Harrisburg School District M/W/DBE Participation Waiver Request
STOP! If you have not made a good faith effort, you cannot request a waiver.
If a good faith effort to utilize M/W/DBE contractors and/or suppliers has been performed and you have not completely met the M/W/DBE goals, the following is required in order to request a participation waiver:
1. Detailed proof of your good faith effort:
Please attach copies of your database search results and any other documentation illustrating that you have made a good faith effort to fulfill the Harrisburg School District’s goals.
2. Provide a brief description of what your business does: 3. Are there any inventory or supplies for the completion of this project? Please answer yes or no. If yes, please
provide a list of those items.
4. A copy of your company's diversity policy: Please attach a copy of your company’s diversity policy that addresses good faith efforts to include M/W/DBEs on company letterhead. This request is for business diversity and not an Equal Employment Opportunity (EEO) policy that addresses workforce or employment. If an active diversity policy does not exist, your company must be willing to develop and submit one within 45 days. If you need to request this 45-day extension, please do so below:
5. Provide a brief explanation as to why an M/W/DBE Participation waiver is being requested. Prepared by (print name): Title: Signature: Date: