Beaverton Equity Procurement Program

46-0330 Beaverton Equity Procurement Program

From Chapter 46 of the Beaverton Purchasing Code

  1. 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.
  2. 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 firms certified by the State of Oregon Certification Office for Business Inclusion and Diversity (COBID), which certifies firms based on rules promulgated in OAR 123-200-1000 et seq.

    The City aspires to achieve a minimum of 10% participation of firms certified by COBID 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.

  3. 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 City’s Beaverton Equity Procurement Program.
    2. All purchases will be made in accordance with the Beaverton Purchasing Code.
    3. The City will rely on COBID to define firm designations certified by COBID.
    4. The City will utilize the State of Oregon’s COBID Certification Directory to determine whether a firm is certified by COBID.
    5. The Purchasing Division will track annual utilization of COBID-certified firms.
    6. The City will engage in outreach activities to encourage eligible businesses to obtain COBID certification.
    7. The City will join a variety of professional organizations to connect with a wider pool of potential suppliers.
  4. Definitions
    1. Good Faith Effort Requirements – Requires prime contractors to make an effort to provide subcontracting opportunities to COBID-certified firms and provide documentation of those efforts.
    2. 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)
    3. “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)
    4. 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.
    5. 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.
    6. Services - Trade Services, Personal Services, or any combination thereof.
  5. 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 COBID-certified firm is available in the area of work. All documentation shall be reviewed by the Purchasing Agent or designee to ensure compliance. Where solicitation to COBID-certified firms is required, only businesses with current state certification 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 COBID-certified firms among firms solicited (unless fewer than three COBID-certified firms 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 COBID-certified firm 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 one or more of the following criteria:
        1. Documented certification through the State of Oregon as a COBID-certified firm.
        2. Inclusion of an effective utilization plan for usage of COBID-certified contractors and/or subcontractors across different phases of the project.
        3. Demonstrated utilization of COBID-certified firms on previous projects (evaluated based on percentage of contractor and/or subcontractor dollars spent with COBID-certified 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 COBID-certified firms solicited (unless fewer than three COBID-certified firms 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 COBID-certified firm 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 a COBID-certified firm.
        2. Inclusion of an effective utilization plan for usage of COBID-certified contractors and/or subcontractors across different phases of the project.
        3. Demonstrated utilization of COBID-certified firms on previous projects (evaluated based on percentage of contractor and/or subcontractor dollars spent with COBID-certified 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 COBID-certified firm participation. Evaluation criteria and scoring in all RFPs shall provide that between 10-20% of the total available points will be based on one or more of the following criteria:
        1. Documented certification through the State of Oregon as a COBID-certified firm.
        2. Inclusion of an effective utilization plan for usage of COBID-certified contractors and/or subcontractors across different phases of the project.
        3. Demonstrated utilization of COBID-certified firms on previous projects (evaluated based on percentage of contractor and/or subcontractor dollars spent with COBID-certified 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 COBID-certified firms solicited (unless less than three COBID-certified firms 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 COBID-certified 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.
  6. Periodic Review of Policy
    The Purchasing Agent will conduct an annual audit of utilization of COBID-certified 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.