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PROCUREMENT GUIDELINES
Professional and Technical Services
Professional and technical services required for a municipal project
must be procured under the
40 CFR 31.36 regulations. Purchases of
materials, supplies and equipment fall under the same regulations.
Municipalities cannot automatically use their current municipal
consulting engineering firm, solicitor or other professional service
providers. The municipalities' professional and/or technical services
contractors must be re-procured for the specific project to preserve
grant/match eligibility.
"It is EPA policy that small (SBEs), minority (MBEs), women's
(WBEs) and small businesses in rural areas (SBRAs) be afforded the
maximum practicable opportunity to participate as contractors, subcontractors,
suppliers and otherwise in EPA-awarded financial assistance programs.
This policy applies to all contracts, subcontracts and procurements
for supplies, construction, equipment and services under EPA grants,
cooperative agreements, interagency agreements and loans. Pursuant
to this policy, recipients of grants, agreements and loans, and
their prime contractors, shall make good faith efforts to award
a fair share of contracts, subcontracts and procurements to SBEs,
MBEs, WBEs and SBRAs."
The language above is the guidance from U.S. EPA that is the basis
for the procurement requirements for all EPA funding that 3 Rivers
Wet Weather Demonstration Program receives and disburses. If EPA
determines that the policy has not been met, 3RWWDP will be unable
to reimburse costs connected with those services. To clarify any
ongoing concern or uncertainty on the part of municipalities, and
their subcontractors, about what constitutes a "good faith
effort" in selecting providers of goods and services, the following
guidelines should assist you.
You are required to follow the Six Affirmative Steps
and document your process:
(1) Include qualified SBEs, MBEs, and WBEs on
solicitation lists.
- Develop and maintain your own list of qualified MBE/WBE firms
that you can use to solicit qualifications or proposals for each
project
- Utilize other MBE/WBE listings such as those of the State's
Minority Business Office, the Small Business Administration, Minority
Business Development Agency, U.S. Environmental Protection Agency,
Office of Small and Disadvantaged Business Utilization (OSDBU),
and the Department of Transportation.
- Contact appropriate sources within your geographic area and
state to identify qualified MBEs and WBEs for placement on your
minority and women's business listings. The Pennsylvania Department
of General Services and Allegheny County maintain websites of
certified firms that can be used to develop solicitation lists:
http://www.dgsapp.state.pa.us/cabd/mwbdata.asp
http://www.county.allegheny.pa.us/mwdbe/index.asp
- Document this by tracking the lists that you develop or lists
that you access via the internet.
(2) Assure that SBEs, MBEs, and WBEs are solicited.
- Send requests for proposals/qualifications directly to the
SBEs, MBEs, and WBEs on your solicitation list.
- Advertise the request through the minority media. This would
include legal ads in the Pittsburgh Courier and Renaissance Publications.
- Advertise in general circulation publications. This would
include the Pittsburgh Post-Gazette and the Pittsburgh Tribune Review.
You may also elect to advertise in local publications, but that
must be done in addition, not instead of, general circulation publications.
- Provide minority trade organizations with copies of solicitations.
- Document this step by retaining copies of all legal ads,
faxes or letters sent to individuals on solicitation lists or trade
organizations.
(3) Divide total requirements, when economically
feasible, into small tasks or quantities to permit maximum participation
of SBEs, MBEs, and WBEs.
- Perform an analysis to identify portions of work that can
be divided and performed by qualified SBEs, MBEs, WBEs and SBRAs.
- Document this with a memo stating that the work could or could
not be divided into smaller tasks. Provide for teams in the RFP if
feasible.
(4) Establish delivery schedules, where requirements
of the work permit, which will encourage participation by SBEs,
MBEs, WBEs, and SBRAs.
- Consider lead times and scheduling requirements often needed
by SBE, MBE, WBE or SBRA participation.
- Develop realistic delivery schedules, which may provide for
greater SBE, MBE, WBE or SBRA participation.
- Document if the work permits.
(5) Use the services and assistance of the Small
Business Administration and the Minority Business Development Agency
of the U.S. Department of Commerce, as appropriate.
- Document any contacts made with SBA or MBDA.
(6) Require the prime contractor, if subcontracts
are to be let, to take the affirmative steps listed above (1-5).
- Include this requirement in all RFPs and contracts.
Documentation of adherence to the six affirmative action steps
along with the 5700-41 Cost and Review
Form are submitted to 3 Rivers Wet Weather for review and approval
by the U.S. Environmental Protection Agency.
Without this approval, professional and technical services costs
will not be eligible for reimbursement or match.
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