Loading...
HomeMy WebLinkAboutGoal Waivers-Appeals-Denial Letters [INSERT ODI LETTERHEAD] To: Kara Boyles, City Engineer Theresa Heffner, Clerk of the Board of Public Works Keana Baylis, President of the Inclusive Procurement Board On [DATE], the Board of Public Works opened and read bids for the above project. The bids are summarized as follows: Bidder Bid Total The MWBE Goals for the Project were as follows: MBE Goal: [%] WBE Goal: [%] After review of [BIDDER’s] evidence of good faith efforts, I have determined that a waiver should be denied, for the following reasons: [INSERT] [BIDDER] was notified on [DATE] of this decision and had seven days to appeal this decision. [BIDDER] timely filed an appeal with the Program Administrator on [DATE]. Under Section 8.b.3.e. of the Program Plan, this appeal is to be heard by the Inclusive Procurement Board. [INSERT ODI LETTERHEAD] To: Kara Boyles, City Engineer Theresa Heffner, Clerk of the Board of Public Works Keana Baylis, President of the Inclusive Procurement Board On [DATE], the Board of Public Works opened and read bids for the above project. The bids are summarized as follows: Bidder Bid Total The MWBE Goals for the Project were as follows: MBE Goal: [%] WBE Goal: [%] After review of [BIDDER’s] evidence of good faith efforts, I determined that a waiver should be denied, for the following reasons: [INSERT] [BIDDER] was notified on [DATE] of this decision and had seven days to appeal this decision. [BIDDER] timely filed an appeal with the Program Administrator on [DATE]. Under Section 8.b.3.e. of the Program Plan, this appeal is to be heard by the Inclusive Procurement Board. The Inclusive Procurement Board heard the appeal on [DATE]. The Board determined that [BIDDER’s] goal waiver should be [INSERT]. [INSERT IF APPROVED: Based upon the approval of [BIDDER’s] goal waiver by the Inclusive Procurement Board, the Board of Public Works may proceed as recommended by Engineering.] [INSERT IF DENIED: Based upon the denial of [BIDDER’s] goal waiver by the Inclusive Procurement Board, the Board of Public Works may proceed as recommended by Engineering to the next lowest responsive and responsible bidder.] [INSERT ODI LETTERHEAD] To: Kara Boyles, City Engineer On [DATE], the Board of Public Works opened and read bids for the above project. The bids are summarized as follows: Bidder Bid Total The MWBE Goals for the Project were as follows: MBE Goal: [%] WBE Goal: [%] After review of [BIDDER’s] evidence of good faith efforts, I have determined that a waiver should be denied, for the following reasons: [INSERT] [BIDDER] was notified on [DATE] of this decision and has seven days to appeal this decision. [BIDDER] [has/has not] filed an appeal as of [DATE]. Under Section 8.B.3.e. of the Program Plan, I recommend that the Board of Public Works formally acknowledge this goal waiver as being denied. Since no appeal has been received within seven days, the Board of Public Works may proceed as recommended by Engineering to the next lowest responsive and responsible bidder. [INSERT ODI LETTERHEAD] To: Kara Boyles, City Engineer Theresa Heffner, Clerk of the Board of Public Works Keana Baylis, President of the Inclusive Procurement Board On [DATE], the Board of Public Works opened and read bids for the above project. The bids are summarized as follows: Bidder Bid Total The MWBE Goals for the Project were as follows: MBE Goal: [%] WBE Goal: [%] After review of [BIDDER’s] evidence of good faith efforts, I have determined that a waiver should be denied, for the following reasons: [INSERT] [BIDDER] was notified on [DATE] of this decision and has seven days to appeal this decision. [BIDDER] [has/has not] filed an appeal as of [DATE]. Under Section 8.B.3.e. of the Program Plan, I recommend that the Board of Public Works formally acknowledge this goal waiver as being denied. [INSERT ODI LETTERHEAD] To: Kara Boyles, City Engineer Theresa Heffner, Clerk of the Board of Public Works Keana Baylis, President of the Inclusive Procurement Board On [DATE], the Board of Public Works opened and read bids for the above project. The bids are summarized as follows: Bidder Bid Total The MWBE Goals for the Project were as follows: MBE Goal: [%] WBE Goal: [%] After review of [BIDDER’s] evidence of good faith efforts, I have determined that a waiver should be granted, for the following reasons: [INSERT] Because the goal waiver has been granted, the Board of Public Works may proceed as recommended by Engineering. [INSERT ODI LETTERHEAD] [DATE] [BIDDER NAME] [BIDDER ADDRESS] Via email only at [BIDDER EMAIL] Re: [PROJECT NAME] Dear [BIDDER REPRESENTATIVE], On [DATE], the Board of Public Works opened and read bids for the above project. The MWBE Goals for the Project were as follows: MBE Goal: [%] and WBE Goal: [%]. On Form MBE 1.0, you reported planned MBE utilization in the amount of [%]. On Form WBE 1.0, you reported planned WBE utilization in the amount of [%]. Because the utilization reported in Forms [MBE 1.0/WBE 1.0] was less than the MWBE Goals for the Project, I reviewed the evidence of good faith efforts provided in [MBE/WBE] Forms 2.0 and 2.1, [together with any supplemental information.] After a review of all evidence of good faith efforts, I have determined that a goal waiver should be denied for the following reasons: [INSERT]. Pursuant to Section 8.b.3.e. of the Program Plan, you have seven (7) days to appeal this determination. An appeal should be made in writing and directed to the Program Administrator at mpatton@southbendin.gov. An appeal will be heard by the Inclusive Procurement Board, and you will be invited to this meeting to present reasons supported by facts along with any written documentation as to why you believe the appeal should be approved. DRAFT APPEAL PROCESS FOR GOAL WAIVER DENIAL 1. Day 0: Board of Public Works (BPW) meeting #1: Bids opened 2. Days 0-6: ODI review of bids to determine if the low bidder requires a goal waiver; if so, should a goal waiver be issued? 3. Day 6 (or earlier): ODI Determination is made that the low bidder’s goal waiver is denied, and this decision is communicated to the bidder utilizing a fillable template letter transmitted by email, delivery and read receipt confirmation requested 4. Day 13: Appeal is due 5. Day 13: If no appeal, BPW may award to next lowest responsive bidder. 6. Day 13: If appeal, Michael Patton forwards appeal notification to all relevant stakeholders and proceed to docket the appeal with the Inclusive Procurement Board (IPB) 7. Day 14: BPW publicly acknowledges denial of goal waiver and awards to next lowest responsive bidder if no appeal has been filed 8. Days 13-21: IPB meets to hear appeal (Note: If Day 0 was the first BPW meeting of the month, the regularly scheduled IPB meeting will take place within this time frame. If Day 0 was the second BPW meeting of the month, a special meeting of the IPB may be scheduled if necessary.) 9. Days 13-21: IPB determines whether goal waiver should be granted or denied. If denied, there will be a recommendation to BPW by ODI and Engineering that the bid be rejected as non-responsive. If approved, the recommendation to BPW by ODI and Engineering would be that the bid will be eligible for award by BPW if all other requirements are met. 10. Day 28: BPW awards either to successful appellant or to next lowest responsive bidder.