contracting with the city of los angeles · 2019-09-25 · contracting opportunities with the city...
TRANSCRIPT
AIA|LA SMALL FIRMS 101 SEPTEMBER 18, 2019
Contracting with the
City of Los Angeles
LYNDA McGLINCHEY
Compl iance Program Manager I I
Office of Contract Compliance
Bureau of Contract Administration
Department of Public Works
City of Los Angeles
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Overview
• Contracting Categories• LABAVN• Requirements• Business Inclusion Program• Certification Programs• Navigating the Contracting Process• Wage Standards
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Contracting Opportunities with the City of Los Angeles
The City purchases billions of dollars every year in supplies, equipment, and professional and personal services such as potholes being filled, fire stations being built, after-school programs being managed, the streets being kept safe from crime…
That’s billions of dollars which YOUR business can compete for!
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City of Los Angeles ContractsCATEGORIES:
1. Commodities: the procurement of supplies, equipment, and materials.
2. Construction: almost all aspects within the construction industry.
3. Personal/Professional Services: food and beverage, legal, medical, marketing, janitorial, and consulting.
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COMMODITIES
Award Criteria• Lowest and best• Responsiveness • Vendor meets defined qualifications
Bidding Methods• Telephone• Written (for purchases over $1,000)• Online
Awarding Agencies• Los Angeles World Airports, Port of Los Angeles, Departments
of Water & Power, and General Services.
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CONSTRUCTION
Award Criteria• Lowest • Responsive• Responsible Vendor
Bidding Methods• Written
Awarding Agencies• Housing Authority, Housing and Community Investment
Department, Los Angeles World Airports, Port of Los Angeles, Departments of General Services, Public Works, Recreation & Parks, and Water & Power.
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PERSONAL/PROFESSIONAL SERVICES
Award Criteria• Cost• Expertise and Experience• Administrative Compliance
Bidding Methods• Department specific
Awarding Agencies• Almost all City Departments including, Los Angeles World
Airports, Port of Los Angeles, Department of Water & Power, and the Department of Public Works
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LOS ANGELES BUSINESS ASSISTANCE VIRTUAL
NETWORK (BAVN)The Los Angeles Business Assistance Virtual Network, or BAVN for short, is a free service provided by the City of Los Angeles that features ALL* contract opportunities throughout the City in one convenient location.
Registered users on the BAVN can:
1. Find opportunities and view contract documents
2. Request certification verification and apply for certifications
3. Submit compliance documents
4. Find up-to-date certified subcontractors
*All City contracting opportunities (over $25,000) are required to be posted on BAVN.
Visit www.labavn.org to learn more.8
LABAVN: Support Page
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Procurement Opportunity Search Tips
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LABAVN: Project Description
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ADMINISTRATIVE REQUIREMENTSAs the specific requirements for each contracting opportunity vary, you should always review the RFP, RFQ, or RFB for details. To access City business opportunities, you must comply with all federal, state, and local laws and requirements.
You are also required to meet these expectations:• Equal Benefits Ordinance (EBO) for all employees and their
spouses/partnersRequires that contractors offer the same health and other benefits to their employees with domestic partners as offered to employees with spouses, regardless of gender or sex.
• Pay a Living Wage and provide benefits to employees Requires that contractors comply with all provisions of the Living Wage Ordinance (LWO), including paying their employees a minimum “living wage” with health benefits and compensated days off. The living wage changes yearly and is updated July 1st of every year.
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ADMINISTRATIVE REQUIREMENTS
• Disclosure of Contracts and Sponsorship of the National Rifle Association (NRA Disclosure Ordinance)Requires that City contractors fully disclose, prior to entering into a contract, all of its and its Subsidiaries’ contracts with or Sponsorships of the NRA.
• Disclosure of Border Wall Contracting Ordinance (DBWCO)Requires that City contractors disclose all contracts, bids, or proposals to provide goods or services for the design, construction, operation or maintenance of a federally-funded wall, fence or other barrier along the border between the US and Mexico.
• Slavery Disclosure Ordinance (SDO)Requires that City contractors disclose whether their company had any participation, investments, or profits derived from slavery during the Slavery Era (prior to 1865)
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ADMINISTRATIVE REQUIREMENTS
• City Contractors’ Use of Criminal History For Consideration of EmployementApplications (Fair Chance Initiative) Requires that City contractors and Private employers do not include any inquiries into a job applicant’s criminal history on job applications or postings until after a conditional offer of employment has been made. If an Offer of Employment is withdraw as a result of criminal history, the applicant MUST be given the opportunity to go through the Fair Chance Process.
• Worker Retention Ordinance (WRO)Requires that when a City contract has been terminated and will be replaced by a new contractor for the same services, the outgoing contractor must provide the successor contractor with a list of employees who meet requirements. The successor contractor MUST retain these employees for a 90-day transition period.
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ADMINISTRATIVE REQUIREMENTS• Contractor Responsibility Ordinance (CRO)
The purpose of this ordinance is to ensure that a prospective contractor has the necessary quality, fitness, and capacity to perform the work set forth in a contract. The responsibility would be determined by the awarding department’s reliable information concerning a number of criteria such as management expertise, technical qualifications, experience, financial resources, satisfactory performance of other contracts, etc. Requires a contractor to fill out a CRO questionnaire and submit it with the Bid Documents.
First Source Hiring Ordinance (FSHO)Requires City Contractors to estimate the anticipated employment opportunities they will need to fill in order to perform the service(s) in their City contract. During the term of their contracts, any employment opportunities that may become available will need to follow the FSHO procedures.
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BUSINESS TAX REGISTRATION CERTIFICATE (BTRC)
• Every entity engaged in business in and/or with the City of Los Angeles must obtain a BTRC from the Office of Finance and pay the required tax.
• This also applies to contractors located outside of the City.
• Apply online at https://finance.lacity.org
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The Bureau of Contract Administration (BCA) administers this program, which requires all respondents to Public Works Request for Bid (RFB), Request for Proposals (RFP), and Request for Qualifications (RFQ) on City-funded projects to perform subcontractor outreach to all available MBE/WBE/SBE/EBE/OBE firms which could perform the scope of work required in the respective RFB, RFP, RFQ
• Proof of outreach efforts requirements are fulfilled through LABAVN.
• BCA monitors the contractor to ensure the utilization of the subcontractors/suppliers pledged in their bid.
• BCA recommends penalties for non-compliance to requirements
BUSINESS INCLUSION PROGRAM (BIP)
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CERTIFICATION PROGRAMS
• Being certified may help level the playing field. If an RFP has a preferential scoring or participation requirement, a certified firm will have a leg up over another that isn't certified.
• Certification applications with the City of Los Angeles are FREE.
• Depending on the certification, a firm can get free marketing exposure to prime contractors and government agencies through the City of LA’s online database, http://bca.lacity.org, LABAVN www.labavn.org , and the statewide database, https://dot.ca.gov/programs/business-and-economic-opportunity/dbe-search
• However, being certified does not guarantee a company will be awarded a contract.
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TYPES OF CERTIFICATION PROGRAMS
1. RACE and GENDER BASED Certifications
• Eligibility based on the majority owner being a woman and/or a member of a disadvantaged minority group
2. RACE and GENDER NEUTRAL Certifications
• Eligibility based on firm’s gross receipts
• Eligibility based on firm’s location
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• DBE – Disadvantaged Business Enterprise
• ACDBE- Airport Concessions Disadvantaged Business Enterprise
• MBE – Minority Business Enterprise
• WBE – Women Business Enterprise
• LGBTBE – LGBT Business Enterprise • Recognition of National Lesbian, Gay, Bisexual, Transgender Chamber of Commerce certification
ELIGIBILITY CRITERIA1. Qualifier must have majority ownership
2. Qualifier must have control of the applicant firm.
(Expertise, license and credentials, etc.)
3. Must be an independent for-profit business
Race & Gender BASED Programs
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Race & Gender NEUTRAL Programs
LOCAL = Los Angeles COUNTY
• Local Business Preference Program - LBE (Local Business Enterprise)
• Small Local Business Program - SLB (Small Local Business)
LAWA Recognition Programs
• Local Small Business Enterprise (LSBE) There is no separate LSBE certification process with the City of LA. In order to qualify for LAWA LSBE credit, a firm must be certified as an SBE and LBE.
• Local-State DVBE – In order to qualify for Local-State DVBE credit, a firm must be certified as a DVBE and LBE located in the state. Recognition of DVBE certifications of Federal (Vet Affairs and SBA) and State (CA-DGS)
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Race & Gender NEUTRAL Programs
Transitional Job Opportunities Program (TJOP)
For non-profit firms that employ transitional workers (ex: chronically unemployed, at-risk youth, individuals with addiction, homeless, etc.). The firm must have a program designed to help participants transition towards unsubsidized competitive employment, including the supportive services
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Register on LABAVN
• Create a profile
• Get email notifications of opportunities
based on your NAICS code
NAVIGATING THE CONTRACTING
PROCESS
Go to Pre-bid Meetings
• Meet the stakeholders
• Ask questions about the projects
• Interact with primes and other
subcontractors
Get Certified
• Apply for FREE with the City of LA
• The City of LA may recognize some
certifications you already have
Attend Networking Events
• Participate in matchmaking events
• Create connections with primes and public
agencies, resource organizations
Start Small
• Participate as a subconsultant to become
familiar with the process
• Look for Community Level Contracting
opportunities24
Effective DateEmployers with 26 or more
Employees
1) Employers with 25 or fewer Employees2) Non-Profit Corporations with 26 or more
Employees (with approval) *
July 1, 2016 $10.50 DEFERRED**
July 1, 2017 $12.00 $10.50
July 1, 2018 $13.25 $12.00
July 1, 2019 $14.25 $13.25
July 1, 2020 $15.00 $14.25
July 1, 2021 $15.00 $15.00
* The MWR Non-Profit Deferral Form and MWO Small Business Deferral Eligibility Worksheet are available on our website.
** Where City & State minimum wages differ, the higher standard applies.
WAGE RATE SCHEDULE
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DEFERRALS for Minimum Wage Ordinance
Employers with 25 or fewer Employees
✓Based on an average number of Employees employed during the calendar year 2015 (existing
businesses)
✓Employers should fill out the Worksheet and keep it with their payroll records in case of audit.
Non-Profit Corporations with 26 or more Employees
✓ Salary Test
✓Transitional Employer
✓Eligible Child Care Provider
✓ Funded Primarily by Government Grants or Reimbursement
DOES NOT REQUIRE SUBMISSION OR APPROVAL
See MW-2 MWO Small Business Deferral Eligibility Worksheet on our website.
FORM MUST BE SUBMITTED TO AND APPROVED BY OWS
See MW-1 MWR Non-Profit Deferral Application on our website.
NOTE: The MWO deferral for a small business and the MWR deferral for a non-profit corporation does not exempt an Employer from complying with any and all federal, state, or local laws and regulations, including any applicable higher federal or state minimum wage requirement. It is the Employer’s responsibility to ensure that the Employer is in compliance with any such laws and regulations.
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Effective Date Paid Sick Leave (PSL)*
July 1, 2016 for Employers with 26 or more Employees
July 1, 2017 for Employers with 25 or fewer Employees
FRONT-LOAD: At least forty-eight (48) hours provided either at the beginning of each year of employment, calendar year, or twelve (12) month period; OR
ACCRUAL: One (1) hour of PSL provided per every thirty (30) hours worked
• Applicable to Employees who, on or after July 1, 2016, work in the City for the same Employer for thirty (30) days or more within a year from the commencement of employment. PSL hours are available for use after 90 calendar days.
• Accrued unused paid sick leave will carry over to the following year of employment and may be capped at 72 hours (but not less). This applies no matter which PSL method the Employer elects.
PAID SICK LEAVE
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BOUNDARY SEARCH
neighborhoodinfo.lacity.org
To search use:
NeighborhoodInfo
Follow the instructions on the screen exactly.
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BOUNDARY SEARCH
Input an address.1. House Number and Street
Name; OR2. Street Intersection
If the address is located in the City of Los Angeles, a similar screen will appear. Note the Council District number and the name of your Councilmember.
(See highlighted section.)
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BCA.LACITY.ORG
Business Inclusion Program [email protected]
Certification Programs [email protected]
Equal Employment Opportunity Enforcement [email protected]
Wage Standards [email protected]
LA Business Assistance Virtual Network [email protected]
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