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HomeMy WebLinkAboutIPC Board Committee March Meeting MinutesMeeting Agenda Templates | © 2019 by Vertex42.com | https://www.vertex42.com/WordTemplates/meeting-agenda.html Inclusive Procurement and Contracting Board Committee March Meeting Minutes Date: March 24th, 2022 Time: 4:00 pm Location:1165 Franklin Street, Suite 100, South Bend, IN, 46601 (Virtual Option) Microsoft Teams Link: https://tinyurl.com/2p9c6bwu I. Call to Order- The IPC Board Committee is now called to order on March 24th, 2022 @ 4:00 p.m. • MEMBERS PRESENT IN-PERSON: Jeff Rea, Murray Miller, Wilbur Boggs Larry King, and Kara Boyles o ALSO PRESENT IN-PERSON: Jenna Throw, Michael Patton, Antonius Northern, and Michael Schmidt • MEMBERS PRESENT VIRTUALLY: Keana Baylis o ALSO PRESENT VIRTUALLY: Clara McDaniels, Jordan Gathers, Eric Horvath, and Kimberly West II. Re-Cap of January 19th Meeting, Jeff Rea • January was the first gathering since committee creation in December by the full Board o Committee meeting focused on the further study and improvement of Good Faith Efforts (GFE) in the bidding process o Session concluded with action steps for internal staff to refine the Good Faith Efforts ▪ Additional time was given to provide revisions III. City Actions Since January 19 Committee Meeting, Michael Patton • Collaborative effort of the Office Diversity & Inclusion, Legal Dept., Public Works Dept., and Procurement to provide solutions for the GFE Process IV. Recommended Improvements to Good Faith Efforts/ Process, Michael Patton ▪ Proposed changes to GFE Guidelines Document: 1. Add language discussing Goal-Eligible Contracts, Goal Waivers, and Appeals 2. Key Terms and Appeal Process Revisions: Title Change, Key Terms Added a. Amend Program Plan: 7 Days to communicate a request for appeal (Must be voted on at IPC Meeting) b. Board Convening a special meeting in the case an appeal is filed for a bid opened on the 2nd BPW meeting of the month or the 4th Week of the month (Must be voted on at IPC meeting) Meeting Agenda Templates | © 2019 by Vertex42.com | https://www.vertex42.com/WordTemplates/meeting-agenda.html Relevant Discussion: • Appeal Process begins at the Board of Public Works (BPW) • Suggested Adjustment: 7-day window to appeal should begin starting upon the notification of appeared unmet GFE standards • Rejection Notice: Currently, contractor is notified of rejected bid at the time of award, notice is sent via email and US Mail o New process would have contractor notified of rejection on the date of opening of the bid • Example of Process: The day a bid is opened, a bid is received, and the expectation is that there will be an immediate review of Good Faith Efforts (GFE) and whether Goals were met o Appeal process will be set in motion once the lowest, responsive, and responsible bidder does not meet the GFE Goals • Timeline of “Special Meeting” is to address any potential schedule issues in preparing an Appeal Item on Board’s Agenda o Special Meeting attendees would comprise of Inclusive Procurement and Contracting Board (IPC) and BPW and reserved to fit in-between usual BPW meetings to hear an Appeal, and act, if necessary, at the BPW 2nd meeting of the month o BPW would be notified once an appeal is received • BPW determines non-responsiveness and would have to acknowledge a low bid as not responsive according to the GFE to start the appeal period • Example: Engineering/ODI have reached out to lowest bidder and determined the goals are not met, at the next BPW meeting, the recommendation to reject the lowest, non-responsive bidder with unmet Goals, and award to second lowest bidder will be made ▪ This above example happens only if the appeals process has occurred • Suggested Adjustment: Appeal must be submitted within 7 days of the bid award, awarding to second low bidder subject to no appeal (after waiting 7 days) Proposed Example of Appeal Process with Dates- o March 22nd: Bids opened for Contactor Paving, Round One, ▪ In the process of reviewing bids, ODI/Engineering recognized the MBE Goals were not met ▪ Conversation would begin with contractor in discussing why goals are not met, if reasoning is unsatisfactory, recommendation is made that bid should not awarded to lowest bidder ▪ Proceed with second lowest bidder, and wait until April 12th for BPW meeting to make recommendation to award to second lowest bidder ▪ Contractor would have 7 days to make an appeal ▪ If appeal is made before April 19th, the IPC Board would have to meet in a Special Meeting and discuss the appeal before the next BPW meeting • Suggested Adjustment: The Appeal Process should begin closer to the opening of bid date o After determining that goals are not met, contractor would have 7 days to appeal to the IPC Board ▪ If unsuccessful, a recommendation to reject would go to BPW • If successful, BPW would move forward with the lowest bidder o ODI: Communication is already happening between ODI, the lowest bidder that has not met GFE, and Engineering. o Larry King would contact contractor a request further context to GFE ▪ If after review, GFE is not sufficient, Larry King will indicate whether a Goal Waiver will not be granted, which be a part of recommendation to BPW Meeting Agenda Templates | © 2019 by Vertex42.com | https://www.vertex42.com/WordTemplates/meeting-agenda.html ▪ Bidder would then need to send a letter to Michael Patton, Program Administrator stating they would like an appeal ▪ Michael Patton would notify BPW and IPC Boards that an appeal has been requested • If the lowest bidder, is unable to receive a Goal Waiver, then the appeal process is triggered Motion to Approve January 2022 Committee Meeting Minutes • Moved by Wilbur Boggs, 2nd by Murray Miller o Vote: Ayes- Jeff Rea, Larry King, Murray Miller, Wilbur Boggs, and Kara Boyles ▪ Five (5) Ayes o Opposed: None (0) ▪ January 2022 IPC Committee Meeting Minutes are Approved (Member Wilbur Boggs exited approx. 1 hour and 16 minutes into the meeting) Proposed changes to GFE Guidelines Document (cont.): 3. Remove Example, Add Best Practices, and Discuss with IPC Committee the “Illustrative Examples” a. Best Practices: ▪ Included Best Practices for Excessive and Unreasonable ▪ Included Best Practices for Unqualified Exclusion ▪ Included Best Practice for Self-Performance Exclusion V. Next Steps • Follow-up meeting will be scheduled to work toward finalizing a recommendation to the Full IPC Board • City Team will work to redraft any discussed revisions, and provide further clarification concerning the Appeals Process, possibly include an example of the Timeline Further Discussion: Timeline Proposals- • Larry King (ODI Contract Compliance Administrator) will review a bid document, that came after a bid opening, (whether it be 2 or 3 days after) o At that time, he will determine whether a Goal Waiver will be administered ▪ May need to ask BPW if that decision can be communicated to the bidder ▪ If allowed, Larry will provide the bidder a notice at which time, the bidder has 7 days to notify Michael Patton that they want an appeal ▪ If they do want an appeal, Michael Patton will notify the required parties to begin the Board recommendation and decision process • There does need to be a timeline for ODI in determining whether GFE waiver will be granted, and communicating that to BPW • If BPW authorizes Larry to make the notification of Goal Waiver Denial, that begins the clock for the Appeal o BPW can acknowledge the Denial of the Goal Waiver publicly at the 4/12 meeting, if denial has been made known to the Board prior to the meeting ▪ Non-Compliance and a Denial of a Goal Waiver gives the bidder stranding to appeal Meeting Agenda Templates | © 2019 by Vertex42.com | https://www.vertex42.com/WordTemplates/meeting-agenda.html • Proposed Action Step: May need to tighten the non-compliance language specific to a Goal Waiver in the Program Plan Language concerning certified and non-certified businesses- • A non-certified business should be referred to as a Minority-Owned Business, or Women-Owned Business • A certified business should be referred to as an MBE/WBE VI. Adjournment Motion to Adjourn (Moved by Kara Boyles, 2nd by Jeff Rea) • Opposed: None (0) ▪ Meeting is adjourned at 6:05pm Notes and Action Items Decision Points for IPC Committee: • Whether 7 days will be accepted in the Appeals Process • The acceptance of a Special Meeting as a part of the Appeals Process