HomeMy WebLinkAboutMWBE Program Plan Proposed Updates Council Presentation FILEDProposed MWBE Program Plan Updates Presentation to the Common Council I City of South Bend Office of Diversity & Inclusion • 2026 Filed in Clerk's Office -~ ~:~t.. APR 2 7 2026 ~~., ... ,: .. ~ .. Bianca Tirado City Clerk, South Bend, IN
Agenda Overview A summary of proposed changes to the City's MWBE Inclusion Program Plan. Change #1 The contract threshold at which MWBE participation goals are required. Change #2 What bidders are required to submit at the time of bid to demonstrate MWBE compliance. Change #3 Post-award accountability and what happens when a contractor commits to meeting goals but falls short at project completion. City of South Bend Office of Diversity & Inclusion MWBE Inclusion Program Plan
Change #1 -Goal-Setting Threshold The contract value at which MWBE participation goals are required CURRENT $50,000 Contracts over $SOK require the Program Administrator to set MWBE participation goals. ➔ PROPOSED $150,000 Only contracts over $1S0K require MWBE goals. $S0K-$149,999: engagement encouraged, not required. Impact: Contracts between $S0K-$149,999 currently require MWBE goal-setting. Under this proposal, that mandatory requirement would be removed. City of South Bend • Office of Diversity & Inclusion • MWBE Inclusion Program Plan
Change #2 -Bid Submission Requirement What bidders must submit at btd tnne to demonstrote MWBE compliance CURRENT PROPOSED -Bidder Chooses One Path MBE/WBE Utilization Plan Required at Bid Bidder must submit a detailed MBE/WBE Utilization Plan with their bid -naming the MWBE subs they intend to use. Bid is non-responsive without it. ➔ City of South Bend • Office of Diversity & Inclusion • MWBE Inclusion Program Plan PATH A Written Affirmation Bidder affirms in writing they will meet or exceed the goals if awarded. No detail on how is required at bid time. Goals become a binding covenant -failure triggers post-award consequences. PATH B Good Faith Effort Bidder believes they cannot meet the goal and submits documented Good Faith Efforts showing they made reasonable attempts to engage MWBE firms. Program Administrator reviews -may grant a goal waiver if justified.
Change #3 -Post-Award Accountability What happens when a contractor affirmed they would meet goals but didn't SITUATION Contractor affirmed goals at bid. Project is complete. Goals were not met. Prior to final contract closeout at the Board of Public Works, contractor submits a sworn statement confirming compliance with goal requirements. ➔ DEFAULT CONSEQUENCE Sanctions & Penalties Contractor pays the difference between what they committed and what they actually paid to MWBE subs. Example: Committed $100K MBE + $100K WBE Actual $7SK MBE + $60K WBE ➔ $6SK penalty paid to City Funds go into City account in furtherance of the Ordinance. City of South Bencl Office of Diversity & Inclusion · MWBE Inclusion Program Plan OR ~ MITIGATION PATH Post-Award Engagement Doc Contractor documents reasonable efforts to engage MWBE firms throughout the project. City evaluates whether unique circumstances outside contractor's control impacted goal attainment. City has sole discretion to reduce or waive sanctions.
Questions & Discussion The Office of Diversity & Inclusion is available to provide clarification on program operations. Bianca Jones · Interim Officer of Diversity, Compliance & Inclusion Office of Diversity & Inclusion • City of South Bend • 215 S. MLK Jr. Blvd., 6th Floor