THE
SUFFOLK COUNTY
AFFIRMATIVE ACTION PLAN
CONTRACTS AND GRANTS PROGRAM FOR W/MBE’S
INFORMATION, FORMS AND INSTRUCTIONS FOR CONTRACTORS
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A. POLICY STATEMENT
One of the goals of the Suffolk County Affirmative Action Plan is to prohibit discrimination and provide equal opportunity to qualified applicants for contract, subcontracts and grants with the County.
Suffolk County is committed to assure compliance with all Federal and State requirements designed to guarantee that protected classes have equal access to contracting opportunities.
B. SUFFOLK COUNTY CONTRACTING REQUIREMENTS
1. Required Provisions
a) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, Vietnam Era Veteran status or marital status, and will undertake or continue existing programs of affirmative action to ensure that women and minority group members are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.
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b) The contractor shall require each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability, Vietnam Era Veteran status or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein.
c) The contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the Suffolk County contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, Vietnam Era Veteran status or marital status.
d) The contractor shall include the provisions of section “a”, “b” and “c” in every subcontract, in such a manner that the provisions will be binding upon each subcontractor for all work in connection with the Suffolk County contract.
e) The contractor shall use all good faith efforts to implement the Suffolk County Women and Minority owned business enterprise program and to solicit active participation by enterprises identified in the “Suffolk County Women/Minority Business Enterprise Directory” (“County W/MBE Directory”) as certified women and minority- owned business enterprises.
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f) Definitions:
(1) Women-owned business enterprise: A business enterprise, including a sole proprietorship, partnership or corporation that is:
a. At least fifty-one percent owned by one or more citizens or permanent resident aliens who are women;
b. An enterprise in which the ownership interest of such women is real, substantial and continuing;
c. An enterprise in which such women ownership has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and
d. An enterprise authorized to do business in New York State and which ` is independently owned and operated.
(2) Minority-owned business enterprise: A business enterprise, including a sole proprietorship, partnership or corporation that is:
a. At least fifty-one percent owned by one or more minority group members;
b. An enterprise in which such minority ownership is real, substantial and continuing;
c. An enterprise in which such minority ownership has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and
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d. An enterprise authorized to do business in New York State and is independently owned and operated.
(3) Minority group member: A United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups:
a. Black persons having origins in any of the Black African racial groups;
b. Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race;
c. Native American persons having origins in any of the original peoples of North America;
d. Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.
(4) Utilization Plan: A plan prepared by a contractor and submitted in connection with a proposed Suffolk County contract and shall indicate what measures and procedures the contractor intends to take to utilize women/minority business enterprises for the project which is the subject of the bid proposal.
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(5) Contractor: An individual, a business enterprise including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a County contract, or a bidder in conjunction with the award of a County contract or a proposed party to a County contract for the purchase of services or goods.
(6) Contract: A written agreement or purchase order instrument, or amendment thereto, whereby a County agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the County agency, or a written agreement whereby a County agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon;
(7) Subcontract: An agreement providing for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon or services between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation, or not-for-profit corporation, in which a portion of a contractor’s obligation under a County contract is undertaken or assumed, but shall not include any construction, demolition, replacement, major
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repair, renovation, planning or design or real property or improvements theron or services for the beneficial use of the contractor.
g) The contractor shall be required to acknowledge that after bid opening and prior to contract award, such contractor will be required to submit a “Detailed Utilization Plan” (“Utilization Plan”).
h) The contractor’s Utilization Plan shall include, but not limited to:
(1) identification of the certified women or minority owned business enterprises that have committed to perform work in connection with the proposed Suffolk County contract as well as any such enterprises which the contractor intends to use in connection with the contractor’s performance of the proposed Suffolk County contract;
(2) whether the contractor has advertised in general circulation media, trade association publications, and women-focus and minority-focus media and if so, the names of such media and publications and the dates of the advertisements;
(3) whether certified women/minority businesses which have been solicited by the contractor have responded in a timely fashion to the contractor’s requests for proposal or solicitations for timely competitive bid quotations;
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(4) whether there has been written notification to appropriate certified women/minority businesses that appear in the County W/MBE Directory or State Directory if applicable;
(5) a description of the contract scope of work which the contractor intends to structure to increase the participation by certified women and minority-owned business enterprises on the Suffolk County contract;
(6) the estimated or, if known, actual dollar amounts to be paid to certified women and minority-owned enterprises and the performance dates of each component of the Suffolk County contract which the contractor intends to be performed by a certified W/MBE; and
(7) documentation of the contractor’s actual utilization of women/minority business enterprises during the previous year.
i) If selected as the lowest responsible bidder, the contractor shall submit periodic reports relating to the operation and implementation of the submitted utilization plan, including a final report at the end of the contract term. A contractor compliance report shall include, but not be limited to:
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(1) the name, address and telephone number of each certified women and minority-owned business enterprise the contractor is using or intends to use to comply with the utilization plan;
(2) a brief description of the contract scope of work to be performed for the contractor by each certified women and minority-owned business enterprise and the scheduled dates for performance;
(3) a statement of whether the contractor has a written agreement with each certified women and minority-owned business enterprise and, if requested, copies of such agreements;
(4) the actual total cost of the contract scope of work to be performed by each certified women and minority-owned business enterprise for the contract; and
(5) documentation of the actual amounts of any payments made by the contractor to each certified women and minority-owned business enterprise as of the submission date of the compliance report.
j) In the event of the contractor’s noncompliance with the non-discrimination clauses and W/MBE requirements of any County contract such contract may be cancelled, terminated or suspended in whole or in part.
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k) Failure to comply with the non-discrimination clauses and W/MBE requirements of any County contract shall be a factor in determining whether a contractor is in default of such contract. Upon request, a contractor who is declared in default of a contract may be notified of the grounds for notice of default on such contract.
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AFFIDAVIT AND CERTIFICATION
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
____________________________________________________, being duly sworn, deposes and says that he
resides at _________________________________________________________________________________
_________________________________________________________________________________________.
That the bidder hereby agrees that every good faith effort shall be made to solicit and utilize certified women/minority businesses on this project through either subcontracting to and/or entering into purchase or service agreements. That the undersigned has recognized and acknowledged that the statements herein are being given under oath and any material misrepresentation will be grounds for terminating any contract which may be awarded in reliance hereon. That this affidavit and statements herein are made knowing that the truth of the contents hereof will be relied upon.
_____________________________________________
Sworn to before me this
______day of ____________________, 200_
_____________________________________
Notary Public
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the ____day of ______________________, 200_, before me personally came ______________________
To be known to be the individual described in and who executed the foregoing instrument and acknowledged that __he executed same.
________________________________________________
Notary Public
BIDDER WHO FAILS OR REFUSES TO COMPLETE AND RETURN THIS AFFIDAVIT SHALL NOT BE DEEMED A RESPONSIVE BIDDER AND WILL NOT BE ACKNOWLEDGED.
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