MWESB Policy

46 – 0330 Minority, Women, Service-Disabled Veteran and Emerging Small Business


From Chapter 46 of the Beaverton Purchasing Code

A. Purpose

To increase access to the city’s procurement process so that the utilization of businesses in city contracting reflects the diversity of our business community.

B. Policy

The City of Beaverton is committed to a procurement strategy that provides opportunities to small businesses, is supportive of the regional economy, and is designed to achieve racial and gender equity in contracting. The purpose of this policy is to encourage utilization of state-certified firms that are Minority Owned, Women Owned or Service-Disabled Veteran Owned (MWSDV) or are Emerging Small Businesses (ESB).

The city aspires to achieve a minimum of 10% MWSDV and ESB participation in its overall dollar amount of contracting and purchasing activities, including goods and services, personal/professional services, architectural & engineering and related services, and construction of public improvements.

C. General Criteria

The city aspires to build upon and diversify its contractor base. The following general guidelines apply:
  1. The Purchasing Division is responsible for administering the MWSDV and ESB program.
  2. All purchases will be made in accordance with the Beaverton Purchasing Code.
  3. The city will rely on the State of Oregon’s Certification Office for Business Inclusion and Diversity (COBID) in the Oregon Business Development Department to define MBE, WBE, SDV and ESB designations. State definitions are as follows:
    1. Minority Business Enterprise (MBE): means a business owned and operated by a minority who meets the eligibility standards set out in OAR 123-200-1210 et seq.
    2. Women Business Enterprise (WBE): means a business owned and operated by a woman who meets the eligibility standards set out in OAR 123-200-1210 et seq.
    3. Service-Disabled Veteran-Owned Business (SDV): a business owned by a veteran who possesses either a disability rating letter issued by the Department of Veteran Affairs, establishing a service-connected rating between 0 and 100 percent, or a disability determination by the Department of Defense and meets the eligibility requirements set out in OAR 123-200-1210 et seq.
    4. Emerging Small Business (ESB) means an independent business or firm that meets the requirements as defined under OAR 123-200-1600.
  4. The City will utilize the State of Oregon’s Certification Office for Business Inclusion and Diversity Certification Directory.
  5. The Purchasing Division will track annual MWSDV and ESB utilization.
  6. The city will engage in outreach activities to encourage eligible businesses to obtain state MWSDV or ESB certification.
  7. The city will join a variety of professional organizations to connect with a wider pool of potential suppliers.

D. Definitions

  1. ESB – A company certified by COBID as an ESB pursuant to ORS Chapter 200 and OAR 123-200-1600 et seq.
  2. Good Faith Effort Requirements – Requires prime contractors to make an effort to provide subcontracting opportunities to state-certified MWSDV or ESB firms and provide documentation of those efforts.
  3. Goods - Includes supplies, equipment, materials, personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto and combinations of any of the items identified herein. (ORS 279A.010 and BPC 46-0110)
  4. "Goods and Services" or "Goods or Services" – Includes combinations of any of the items identified in the definitions of "goods" and "services." (ORS 279A.010)
  5. MWSDV – A company certified by COBID as an MBE, WBE, or SDV pursuant to ORS Chapter 200 and OAR 123-200-1210 et seq.
  6. Personal Services - Services designated under ORS 279A.055, including (1) those services described at BPC 47-0010 and (2) those architectural, engineering, land surveying and related services described at ORS 279C.100.
  7. Public Improvements - Projects for construction, reconstruction or major renovation on real property by or for the city. “Public Improvement” does not include emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a Public Improvement.
  8. Services - Trade Services, Personal Services, or any combination thereof.

E. Solicitation Guidelines

All staff engaged in procurement in their departments are responsible for following the guidelines set forth in this section. Staff shall use standard reporting forms to document and submit a written record of the solicitation process to the Purchasing Agent or designee that includes 1) a record of suppliers that were contacted, 2) bids or proposals received, 3) a list of suppliers that did not respond, and 4) whether no certified MWSDV or ESB is available in the area of work.  All documentation shall be reviewed by the Purchasing Agent or designee to ensure compliance. Where solicitation to MWSDV or ESB firms is required, only businesses with current state certification as MBE, WBE, SDV or ESB businesses will count toward requirements.
  1. Goods and Services
    1. Small Procurements (less than or equal to $10,000) –Competitive solicitation is not required. Staff are strongly encouraged to review the COBID Certification Directory for firms in the category of work being solicited before deciding where to solicit bids.
    2. Intermediate Procurements (greater than $10,000 and less than or equal to $100,000) – Staff shall contact a minimum of three certified MWSDVs, ESBs, or a combination of both, among firms solicited (unless fewer than three certified MWSDV or ESBs are available in that area of work), and/or post the opportunity on Oregon’s Procurement Information Network (ORPIN).
             
    3. Formal Procurements (greater than $100,000) – The competitive contract opportunity will be posted on the city’s website and ORPIN and shall include criteria in the RFP that evaluates MWSDV and ESB participation. Evaluation criteria and scoring in all Request for Proposals (RFP) shall provide that between 10-20% of the total available points will be based on a minimum of the following criteria:
      1. Documented certification through the State of Oregon as MBE, WBE, SDV or ESB.
      2. Inclusion of an effective utilization plan for usage of MWESB and SDV contractors and/or subcontractors across different phases of the project.
      3. Demonstrated utilization of MWSDV and ESB firms on previous projects (evaluated based on percentage of contractor and/or subcontractor dollars spent with MWSDV and ESB firms).
  2. Personal/Professional Services
    1. Small Procurements (less than or equal to $25,000) – Competitive solicitation is not required. Staff are strongly encouraged to review the COBID Certification Directory for firms in the category of work being solicited before deciding where to solicit bids.
    2. Intermediate Procurements (greater than $25,000 and less than or equal to $100,000) – Staff shall contact a minimum of three certified MWSDVs, ESBs, or a combination of both, among firms solicited (unless fewer than three certified MWSDV or ESBs are available in that area of work), and/or post the opportunity on ORPIN.
    3. Formal Procurements (greater than $100,000) – The competitive contract opportunity will be posted on the city’s website and ORPIN and shall include criteria in the RFP that evaluates MWSDV and ESB participation. Evaluation criteria and scoring in all RFPs shall provide that between 10-20% of the total available points will be based on the following criteria:
      1. Documented certification of all qualified firms through the State of Oregon as MBE, WBE, SDV, or ESB
      2. Inclusion of an effective utilization plan for usage of MWSDV and ESB contractors and/or subcontractors across different phases of the project.
      3. Demonstrated utilization of MWSDV and ESB firms on previous projects (evaluated based on percentage of contractor and/or subcontractor dollars spent with MWSDV and ESB firms).
  3. Architectural & Engineering (A&E) Services, and Related A&E Services
    1. Direct Appointment Procurements (less than or equal to $100,000) – Competitive solicitation through a formal procurement is not required. Staff are strongly encouraged to review the COBID Certification Directory for firms in the category of work being solicited before deciding where to solicit bids.
    2. Formal Procurements (greater than $100,000) - The competitive contract opportunity will be posted on the city’s website and ORPIN and shall include criteria in the RFP that evaluates MWSDV and ESB participation. Evaluation criteria and scoring in all RFPs shall provide that between 10-20% of the total available points will be based on the following criteria:
      1. i. Documented certification through the State of Oregon as MBE, WBE, ESB, or SDV.
      2. ii. Inclusion of an effective utilization plan for usage of MWSDV or ESB contractors and/or subcontractors across different phases of the project.
      3. iii. Demonstrated utilization of MWSDV and ESB firms on previous projects (evaluated based on percentage of contractor and/or subcontractor dollars spent with MWESB and SDV firms).
  4. Public Improvement
    1. Small Procurements (less than or equal to $5,000) – Competitive solicitation is not required. Staff are strongly encouraged to review the COBID Certification Directory for firms in the category of work being solicited before deciding where to solicit bids.
    2. Intermediate Procurements (greater than $5,000 and less than or equal to $100,000) – Staff shall contact a minimum of three certified MWSDVs, ESBs, or a combination of both, among firms solicited (unless less than three certified MWSDVs or ESBs are available in that area of work), and/or post the opportunity on ORPIN.
    3. Formal Procurements (greater than $100,000) – The competitive contract opportunity will be posted on the city’s website and ORPIN. Contractors are required to demonstrate a Good Faith Effort to utilize MWSDVs or ESB firms on contracts, which will be demonstrated by submitting required program documents. A prospective contractor who fails to provide this information may be considered non-responsive and be removed from consideration for the procurement.

F. Periodic Review of Policy

The Purchasing Agent will conduct an annual audit of utilization of MWSDV and ESB firms during the previous fiscal year for report to City Council. The Purchasing Agent will bring together internal stakeholders to review performance on the policy one year after adoption and then at least every three years, but may be done on a more frequent basis as needed. This committee will make recommendations to City Council for updates to the policy and implementation procedures.