WORK STATEMENT IV-1. Objectives: General. The intent of this

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WORK STATEMENT
IV-1. OBJECTIVES:
A. General. The intent of this solicitation is to obtain a variety of Professional
Collections Conservation Services for the preservation of historical collections at
historic sites and museums throughout the Commonwealth of Pennsylvania. The
Pennsylvania Historical & Museum Commission is seeking to partner with a qualified
conservation firm to serve as a prime contractor that can provide exceptional
expertise in the conservation field while maximizing the quality and level of service.
In addition, the commission is looking for an Offeror with the ability to provide
conservation process efficiencies through high levels of customer service and a
commitment to on-going consultation and educational assistance, as well as
emergency conservation services. The successful Offeror (prime contractor) shall
assume responsibility for all services offered in its proposal. Whether the successful
Offeror produces services itself or by subcontract, the conservation firm shall provide
labor, materials, services, skills, supervision and necessary tools and equipment to
enable the continued preservation and interpretation of Pennsylvania’s historic
heritage for years to come. A qualified conservation firm must have the capability to
perform and complete the services in all respects in accordance with the solicitation
documents.
B. Specific. The successful Offeror will be expected to:
1) Provide a full range of vital professional collections conservation services and
other collections care support services for a variety of historical collections
throughout Pennsylvania.
2) Provide technical assistance and other conservation consulting service(s) as
necessary at various historic sites owned by the Commonwealth and
administered by the Commission;
3) Provide a consistent quality of account management and service in support of
historic collections preservation throughout the life of the contract term.
IV-2. NATURE AND SCOPE OF THE PROJECT.
A. Background. The Pennsylvania Historical and Museum Commission is the official
history agency of the Commonwealth of Pennsylvania. The PHMC is responsible for
the collection care, conservation, curatorship, management and interpretation of
Pennsylvania’s historic heritage, which is accomplished through the Pennsylvania
State Archives, The State Museum of Pennsylvania, Bureau of Historic Sites and
Museums, Pennsylvania Trails of History™, the Bureau for Historic Preservation,
and Bureau of Management Services. The PHMC preserves the Commonwealth's
memory of its heritage for citizens of Pennsylvania and the nation. The historic
collections include nearly four (4) million artifacts and one (1) billion documents
stored or displayed at over 50 historic sites and museums throughout Pennsylvania.
A complete listing including a map of all historic sites and museums is included in
Appendix D of this RFP.
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B. Scope. Many of the collections are of state, national and international historical
significance and will need to be treated with exceptional care. The successful Offeror
shall provide a full range of professional collections conservation services and other
collections care support services for historical sites and museums on an as-needed
basis throughout the contract period.
Services may include artifact conservation; exhibit mounts, cases and environments;
artifact storage and housing; packing, shipping and transport; condition surveys;
emergency preparedness planning and disaster relief; analytical services;
environmental and lighting systems analysis; training; and other consultant services at
various historic sites owned by the Commonwealth and administered by the
Commission. Projects would be developed and assigned to the contract on an annual
basis and on an emergency basis as required.
All services listed herein may involve work with the following types of collections
(including but not limited to): paper-based (including archives/manuscripts, historic,
fine arts, wallpapers, three-dimensional), books, photographs, painted surfaces
(including easel, canvas and panel paintings, murals, painted artifacts, decorative
architectural surfaces), picture frames, vehicles (including horse-drawn and
motorized), furniture, sculpture, objects (including decorative, utilitarian, scientific,
industrial, musical, ethnographic, archaeological, or marine collections made of
wood, metal, leather, plastic, glass, stone or ceramic, to name the most common),
textiles (including historic, archaeological, industrial, and fine arts collections),
natural history specimens, geologic specimens, historic architectural elements.
IV-3. REQUIREMENTS:
A. PROFESSIONAL ETHICS AND STANDARDS OF PRACTICE: All work shall
conform to the Code of Ethics and Standards of Practice of the International or
American Institutes for Conservation and that of the conservation profession in
general. All other services contracted shall conform to codes of ethics and standards
of practice established for that specific profession.
B. INSURANCE: Fine arts insurance is required in addition to the general insurance
requirements contained in the Standard Contract Terms and Conditions in Appendix
A.
C. EMERGENCY PREPAREDNESS: To support continuity of operations during an
emergency, including a pandemic, the Commonwealth needs a strategy for
maintaining operations for an extended period of time. One part of this strategy is to
ensure that essential contracts that provide critical business services to the
Commonwealth have planned for such an emergency and put contingencies in place
to provide needed goods and services.
1) Describe how you anticipate such a crisis will impact your operations.
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2) Describe your emergency response continuity of operations plan. Please attach
a copy of your plan, or at a minimum, summarize how your plan addresses the
following aspects of pandemic preparedness:
a. Employee training (describe your organization’s training plan, and how
frequently your plan will be shared with employees)
b. Identified essential business functions and key employees (within your
organization) necessary to carry them out
c. Contingency plans for:
 How your organization will handle staffing issues when a portion of
key employees are incapacitated due to illness.
 How employees in your organization will carry out the essential
functions if contagion control measures prevent them from coming to
the primary workplace.
d. How your organization will communicate with staff and suppliers when
primary communications systems are overloaded or otherwise fail,
including key contacts, chain of communications (including suppliers),
etc.
e. How and when your emergency plan will be tested, and if the plan will be
tested by a third-party.
D. Offerors are required to adhere to the following:
1) STEEL PRODUCTS PROCUREMENT ACT: In the performance of any
contract awarded pursuant to this RFP, the selected contractor, subcontractor,
materialmen, or suppliers shall use only steel products, rolled, formed, shaped,
drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or
processed by a combination of two or more of such operations, from steel
made in the United States by the open hearth, basic oxygen, electric furnace,
Bessemer or other steel-making process. Steel Products include not only case
iron products but also machinery and equipment listed in the United States
Department of Commerce Standard Industrial Classification 25 (furniture and
fixture), 35 (machinery, except electrical), and 37 (transportation equipment)
and made of, fabricated from, or containing steel components. If a product
contains both foreign and United States steel, such products shall be
determined to be a United States Steel product only if at least 75% of the cost
of the articles, materials, and supplies have been mined, produced, or
manufactured, as the case may be, in the United States.
When unidentified steel products are supplied under a contract, before any
payment will be made, the contractor must provide documentation including,
but not limited to, invoices, bills of lading, and mill certification that the steel
was melted and manufactured in the United States. If a steel product is
identifiable from its face, the contractor must submit certification which
satisfies the Commonwealth that the contractor has fully complied with these
requirements. Any such payments made to any person by the Department,
which should not have been made as a result of these requirements, shall be
recoverable directly from the contractor, subcontractor, manufacturer, or
supplier who did not comply.
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In addition to withholding payments, any person who willfully violates any of
these provisions shall be prohibited from submitting any bids to any public
agency for a period of five (5) years from the date of the determination that a
violation has occurred. In the event the person who violates the provisions of
the Act is a subcontractor, manufacturer or supplier, such person shall be
prohibited from performing any work or supplying any materials to a public
agency for a period of five (5) years from the date it is determined a violation
has occurred.
The selected contractor shall include the provisions of this Steel Products
Procurement Act clause in any subcontract and supply contract, so that these
provisions shall be binding upon each subcontractor and supplier.
2) PROHIBITION AGAINST THE USE OF CERTAIN STEEL AND
ALUMINUM PRODUCTS: In accordance with the Trade Practices Act of
July 23, 1968 P.L. 686 (71 P.S. Sec. 773.101 et seq.), the selected contractor
cannot and shall not use or permit to be used in the work any aluminum or
steel products made in a foreign country which is listed below as a foreign
country which discriminates against aluminum or steel products manufactured
in Pennsylvania. The countries of Brazil, South Korea, Spain and Argentina
have been found to discriminate against certain products manufactured in
Pennsylvania. Therefore, the purchase or use of those countries' products, as
listed below, is not permitted.
a. BRAZIL: Welded carbon steel pipes and tubes: carbon steel wire rods;
tool steel; certain steel products, including hot-rolled stainless steel bar;
stainless steel wire rod and cold-formed stainless steel bar; pre-stressed
concrete steel wire strand; hot-rolled carbon steel plate in coil; hot-rolled
carbon steel sheet and cold-rolled carbon steel sheet.
b. SPAIN: Certain stainless steel products, including stainless steel wire rod;
hot- rolled stainless steel bars and cold-formed stainless steel bars; prestressed concrete steel wire strands certain steel products, including hotrolled steel plate, cold-rolled carbon steel plate, carbon steel structural
shapes, galvanized carbon steel sheet, hot-rolled carbon steel bars and
cold-formed carbon steel bars.
c. SOUTH KOREA: Welded carbon steel pipes and tubes; hot-rolled carbon
steel plate; hot-rolled carbon steel sheet and galvanized steel sheet.
d. ARGENTINA: Carbon steel wire rod and cold-rolled carbon steel sheet.
Penalties for violations of this paragraph may be found in the Trade
Practices Act, which penalties include becoming ineligible for public
works contracts for a period of three years. Note: This provision in no
way relieves the selected contractor of its responsibility to comply with
those provisions of this RFP that prohibit the use of foreign-made steel
and cast iron products.
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IV-4. TASKS. Offerors must describe in narrative form in their Technical Submittal their
work plan for accomplishing the following task descriptions:
1) Artifact Conservation: Provide conservation examination and treatment of
collections. Provide a variety of professional collections conservation and
conservation technician services for all artifact types listed above. Travel to
various historic sites or museums in Pennsylvania to complete this task if
required.
Assess the condition of the specified artifacts and prepare detailed written
condition reports and treatment proposals which include cost of required
analysis, treatment, documentation and materials.
The conservator or
conservation technician under the direct or periodic supervision of a
conservator, whichever is warranted by the nature of the work as defined by the
PHMC, may carry out the approved conservation project only upon written
acceptance of the treatment proposal or selected treatment proposal options by
the administrator of the collections (or their designee) and the Chief of the
Collections Care Section. All treatments are to be photographically documented
before, during and after treatment. A determination will be made by the
Commission if a reduced amount of written records is required for repetitive
operations which would be carried out by either conservators or conservation
technicians (for example, matting and framing, mass delamination or
deacidification of books or paper, or waxing of furniture). All major deviations
or cost overruns from the approved treatment proposals MUST be approved in
advance by the Project Director and the Administrator or Curator of the
collection (or their designee). Commission Administrators, Curators or the
Chief of the Collections Care Section reserve the right to require periodic phone
or on-site progress reviews of unexpected discoveries or wishes to alter the
treatment proposal. All contract conservators are required to follow, and adhere
to, the Code of Ethics and Standards of Practice of the International or
American Institutes for Conservation in all of their treatment and documentation
practices. Upon completion of treatment, a detailed treatment report will be
provided which will list results of all analytical testing, all conservation
materials used (including manufacturers), treatment steps and any additional
inscriptions or historic information discovered. Safely wrap, pack and/or crate
artifact for transport unless these services are provided by Commission staff or a
professional collections handler. Work may be completed in situ at a historic
site or museum in Pennsylvania, or at the conservator’s facilities. Treatments
could range from stabilization, cleaning, preventive coating/waxing, to full
conservation.
Much of the work under this contract may involve conservation treatments.
Conservators who work with the collections listed in the general section above
should be included on the project team; depth should be provided in primary
categories. A geographic range of services across the Commonwealth should be
strongly considered.
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2) Exhibit Mounts, Cases and Environments: Design and fabricate specialized
mounts and environmentally regulated cases for exhibition of collections.
Provide custom design and/or specialized fabrication services for professional
museum quality exhibition mounts and display cases. Use only those materials
approved by the PHMC and the conservation profession as safe for use with
artifacts. If directed, provide testing of proposed materials to verify their safety
for use with the selected artifacts. Prepare detailed design drawings and
specifications suitable for bidding to an exhibition fabricator. All exhibit
mounts or cases remain the property of the Commission. Advise on production
of microclimates and the use of specific products to create them.
a. Exhibit Mounts: Take detailed measurements and photograph the artifact
to be exhibited. Prepare full-size or scale drawings and materials
specifications of the proposed exhibit mounts for review by the
Commission. Upon acceptance of plans for museum mounts, if required,
fabricate the mount and fit to object. Mount in exhibition or provide
detailed instructions on how to mount in exhibit for Commission staff.
b. Exhibit Cases: Prepare full-size or scale drawings and materials
specifications of the proposed exhibit cases. Upon acceptance of plans for
museum display cases or vitrines, fabricate specialized artifact display
cases. Install museum artifacts in the case or provide detailed instructions,
if warranted, for installation by Commission staff or other contractors.
Such installations may be subject to review by an architect, structural
engineer and/or conservator provided by the Commission.
Upon
acceptance of plans for museum environments, provide or fabricate
specialized environmental monitoring devices, equipment or regulating
materials. Install in museum cases or vitrines as specified, if required, or
provide detailed instructions on how to install devices or equipment by
Commission staff or other contractors. Any installation of electrical
devices must be done by a licensed electrician. Designs or installation of
electrical devices will be subject to approval by the Commission’s
Division of Architecture and Preservation and/or the Department of
General Services.
c. Exhibit Case Lighting: Prepare drawings and specifications of the
proposed lighting system. Upon acceptance of plans for case lighting,
provide source of supply for specialized lighting devices for museum
exhibition spaces or cases and install as specified or provide detailed
instructions on how to install lighting devices for Commission staff or
other contractors. Any installation of electrical or lighting devices must be
done by a licensed electrician. Designs or installations of lighting or other
electrical devices will be subject to approval by the Commission’s
Division of Architecture and Preservation and/or the Department of
General Services.
3) Artifact Storage and Housing: Design museum-quality artifact storage
facilities, including required shelving, cabinets or racking and individual
artifact housing or enclosures. Travel to designated historic sites and museums
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in Pennsylvania. Survey and review the museum collections that need to be
stored. Take detailed measurements, design storage spaces and provide full-size
or scale drawings, if required, and materials specifications of the proposed
collections storage spaces. Provide detailed instructions for placement,
assembly and/or specific collections to be stored on each unit for Commission
staff or other contractors. Provide detailed specifications of all methods,
materials and proposed containers for the long-term housing, wrapping or
boxing of the specified museum collections. Upon acceptance, provide or
fabricate all necessary boxes or enclosures and wrap or fit artifacts into them or
provide detailed instructions for their safe storage to Commission staff. If
artifacts are wrapped or boxed by the contractor, the package or box must be
labeled with the accession numbers of the artifacts contained within using
appropriate methods and archival materials. All materials proposed need to be
stable and not adversely affect the specific museum collections in storage and
conform to current professional museum or conservation standards. If required,
provide conservation technicians or museum curators to assist in projects to
clean, re-house and store collections at historic sites and museums.
4) Packing, Shipping and Transport: Design and fabricate specialized shipping
and/or storage containers for collections, and transport museum collections.
Provide custom design and fabrication services for professional museum-quality
shipping and storage containers for the safe transportation and storage of
artifacts. Use only those materials approved by the PHMC and the conservation
profession as safe for use with artifacts. If directed, provide testing of proposed
materials to verify their safety for use with the selected artifacts. Provide fine
arts moving and shipping services, including rigging services, as required. Fine
arts insurance is required as stated in Part IV-3, Section B.
Take detailed measurements of the artifacts to be crated. Prepare full-size or
scale drawings, if required, and materials specifications of the proposed
shipping or storage containers for review by the Commission. Upon
acceptance, fabricate the containers and packing materials, and fit to objects.
Place artifacts in containers, or provide any specialized instructions on how to
place artifacts in containers for Commission staff or other contractors. Design
climate-maintained, water-resistant, shock-resistant, labeled containers if
requested. All collections are to be transported in climate-controlled vehicle
with air-cushioned ride. All containers either custom built or purchased through
this contract will remain the property of the Commission. Two collections
handlers/shippers must travel with vehicle transporting collections in all
instances. Collections are not to be left unattended at any time.
5) Conservation Surveys:
Travel to designated locations throughout
Pennsylvania to provide professional collections conservation survey services
for all areas affecting historic collections. Document the condition of
individual artifacts or artifact collections, their environment, lighting, storage,
display, safety or stability. Provide written reports of these surveys, with
photographic documentation when specified. These surveys may include a table
of contents, an executive summary, detailed texts, recommendations or
individual object condition reports and treatment proposals, cost breakdowns,
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hourly estimates, prioritized ratings and attachments, depending on type of
surveys requested.
Surveys will range from: overall general conservation
surveys; site-specific surveys, such as environmental monitoring, storage,
exhibits, architectural finishes, etc.; to more detailed object-by-object surveys.
The survey person or team will be provided in advance, if pertinent, with
information, existing reports, detailed drawings or compiled data necessary or
relevant to conduct each specific survey. The survey conservator or team will
schedule the site visit with the Site Administrator and request, prior to the
survey, any needed equipment, space, data, staff or preliminary work which
needs to be prepared by the historic site or museum in preparation for the site
survey. Upon arrival, the survey conservator or team will meet with required
staff and review the expectations of the survey. Individual artifacts, their
environments, storage conditions, display and/or safety will be reviewed
depending on the type of survey requested. Materials, equipment and
Commission staff support will be provided as agreed upon prior to the survey.
Surveys or monitoring programs that extend past the initial visit might require
additional meetings, consultations, site visits or reports. A draft of the final
report will be submitted for review, modification and comment prior to
submission and final acceptance of the completed survey report. Work may also
include the preparation of conservation plans, both long-term general
conservation plans and specific plans, such as a housekeeping plan or
preventive maintenance/treatment plan for collections.
6) Emergency Preparedness Planning and Disaster Relief: Provide 24-hour
response professional collections conservator and/or collections conservation
technician and/or curatorial services. Travel to disaster locations throughout
Pennsylvania (for PHMC sites) and manage or assist in disaster or emergency
relief to remove collections from buildings, mitigate damage to collections,
provide emergency treatment or stabilization to damaged collections, prepare
written and photographic documentation of damage to collections, and assess
damage and provide conservation cost estimates for recovery.
These
emergencies or disasters include, but are not limited to, fire, flood, water or
storm damage, vandalism, civil disorder, earthquake, explosion and pest
infestation. Work may also include the preparation of detailed emergency
preparedness plans for historic sites and museums, especially related to
collections.
Upon notification and instruction by the Commission of an emergency,
assemble a rapid response team immediately and travel to the disaster location.
You may be asked to coordinate the disaster recovery, or to assist Commission
personnel who may coordinate the disaster recovery. Seek instruction from
Commission personnel or use best professional judgment to respond to the
emergency at hand if Commission personnel are not able to respond. You may
be asked to conduct on-site emergency conservation procedures and/or
treatments, or to coordinate or assist in coordinating the recovery, transport, or
packing of damaged or threatened museum collections. You may also be asked
to locate, contact or provide emergency services, facilities, materials or
equipment required to store, safeguard, transport, treat or stabilize threatened
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or damaged museum collections.
7) Analytical Services: Provide a wide range of professional collections
conservation analytical services to include microscopy; micro-chemical
analysis and staining; dendrochronology; x-radiography; infrared
reflectography; carbon dating; thermoluminescence dating; visible and infrared
spectraphotometry; new material aging, durability and strength testing; electron
scanning microscopy; x-ray fluorescence; plus other relevant scientific testing
as needed.
Services will be required to conduct destructive and non-destructive analytical
quantitative and qualitative micro and macro testing of historic or modern
materials (including, but not limited to: glass; ceramic; stone; metal; wood;
textiles; paper; paint; synthetic; natural history; and unknown compounds,
solutions, coatings and adhesives), carbon or thermoluminescence dating of
materials, x-radiography and infrared and ultraviolet illumination. Samples or
artifacts will be sent or transported to the service facility for analysis or
examination. Coordinate the transportation of artifacts to the testing facility if
required by the Commission. Travel to designated historic sites or museums in
Pennsylvania may be required for some types of analysis or sampling.
8) Museum Environmental and Lighting Systems Analysis:
Travel to
designated locations throughout Pennsylvania to provide professional state-ofthe-art services to review, study, monitor, recommend modifications, plan and
recommend solutions for environmental systems, lighting systems, new
construction or renovation of existing exhibition and storage spaces that contain
or will contain museum artifacts. Interpret data collected, provide detailed
reports of findings and develop written specifications for improvements. This
function requires the services of a professional who has great depth of
knowledge and experience in dealing with environmental systems in historic
sites and museums. Recommended solutions for construction projects would be
subject to the review and approval of the Commission’s Division of
Architecture and Preservation and/or the Department of General Services.
9) Training: Provide professional conservation and/or collections care training to
museum staff (conservators, administrators, curators, educators, technicians,
custodial guides, maintenance staff, and volunteers). Training may encompass a
wide range of conservation/collections care issues, including: advanced
conservation topics, conservation analysis, environmental monitoring and
control, museum lighting, housekeeping, handling of collections, storage and
exhibition of collections, packing/shipping collections, and routine cleaning and
preventive care of various types of collections. Travel to designated historic
sites or museums in Pennsylvania may be required. A training course
description, lecture or seminar topic, or tour description will be provided by
the Commission as needs arise for training. After the assignment of training,
provide a detailed outline of the training course curriculum for approval to the
Commission Project Director. Provide a list of any textbooks or study guides,
or written articles or manuscripts that follows the course or supplements the
course material that will be distributed to the attendees. Once approved,
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develop all speaker notes and guides, audiovisual materials (such as slides,
overhead transparencies or video) and provide or procure any demonstration
pieces, materials or equipment required. Conduct the training at locations
required. A copy of all speaker notes, guides, handouts, and audiovisual
materials shall be turned over to the Commission at the completion of the
course. If training will involve use or treatment of actual Commission
collections, approval must be granted by the administrator or curator of the
historic site or museum in advance of the program. Training may include tours
of Commission sites and museums, other museums, laboratories, industrial
facilities inside or outside of the Commonwealth as required. Provide one copy
of a training manual for each trainee as required and an original for the
Collections Care Section.
10) Support and Other Services: Contract management, administrative and
clerical, accounting and other support services shall be provided as necessary to
the completion of the work under the contract. The following auxiliary services
should be provided as part of the contract: 1) To supplement existing curatorial
staff, curatorial services to research and catalog museum collections. 2) Clerical
support services to allow data entry of collections information into the PHMC’s
automated collections management software. Indicate if you are proposing any
other types of services not itemized in one of the above categories.
IV-5. REPORTS AND PROJECT CONTROL:
A. Project Plan. A proposal will be needed for each project. A proposal should
identify resources required by a project (personnel and materials), associated
costs, and a timeline for completion. All project proposals must be approved by
PHMC prior to the commencement of work.
B. Status Report. A quarterly progress report covering activities, problems and
recommendations. This report must accompany that month’s invoice and shall be
a condition for approval of that invoice.
C. Problem Identification Report. An “as required” report, identifying problem
areas. The report should describe the problem and its impact on the overall
project and on each affected task. It should list possible courses of action with
advantages and disadvantages of each, and include Offeror recommendations with
supporting rationale.
D. Final Report. All conservation projects require a final report. The final report
should be prepared per the deliverables listed below:
1)
Provide an original plus copies (number to be determined by
individual project requirements, but a minimum of three) of any
reports (including any graphic materials). At a minimum, reports
should be generated for conservation treatments, surveys, data
analysis, design of exhibit mounts, design of collections
exhibition and storage spaces, design of shipping/storage
containers, and diagnostic test results.
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2) Provide digital and/or Original negative plus three (3) 4 x 6 (or
larger) prints of each photograph required. Provide three (3)
35mm color slides of each photograph required. Requirements
may vary in each project for black and white or color prints or
color slides.
3) Provide three (3) Munsell color chips for each color specification
in all material analysis reports or design projects.
4) NOTE: All digital and/or Originals described above shall be
unbound. All copies of reports shall be in 8 1/2” x 11” format
and placed in a loose-leaf three-ring binder, unless otherwise
directed by the Project Director. All photographs, slides and
negatives shall be delivered in archival sleeves.
IV-6. MULTIPLE CONSULTANTS: The use of several different consultants (firms or
individuals) in each category of work, especially the major categories of artifact conservation, is
encouraged. This may be beneficial in including a wider variety of expertise in different types of
projects and ensure responsiveness in times of critical peaks in workload. Geographic
representation or proximity to Commission historic sites and museums throughout the
Commonwealth of Pennsylvania is also encouraged to reduce the costs associated with extensive
travel to project sites.
IV-7. PROJECT MANAGEMENT: The selected consultant firm/team will be working with
a team of Commission staff on each project. The Project Director is in charge of the project and
the consultant firm/team serves as the consultant to the Project Director. The Site Administrator,
their staff involved in the project, their Division Chief, their Bureau Director and other involved
Commission staff are the Project Director’s client(s) in the project. The selected consultant
firm/team must work through the Project Director in all aspects of work on the project. Overall
administrative project management of the contract remains with the Commission’s Project
Director.
IV-8. CONTRACT REQUIREMENTS—Disadvantaged Business Participation and
Enterprise Zone Small Business Participation: All contracts containing Disadvantaged
Business participation and/or Enterprise Zone Small Business participation must also include a
provision requiring the selected contractor to meet and maintain those commitments made to
Disadvantaged Businesses and/or Enterprise Zone Small Businesses at the time of proposal
submittal or contract negotiation, unless a change in the commitment is approved by the
BMWBO. All contracts containing Disadvantaged Business participation and/or Enterprise
Zone Small Business participation must include a provision requiring Small Disadvantaged
Business subcontractors, Enterprise Zone Small Business subcontractors and Small
Disadvantaged Businesses or Enterprise Zone Small Businesses in a joint venture to perform at
least 50% of the subcontract or Small Disadvantaged Business/Enterprise Zone Small Business
participation portion of the joint venture.
The selected contractor’s commitments to Disadvantaged Businesses and/or Enterprise Zone
Small Businesses made at the time of proposal submittal or contract negotiation shall be
maintained throughout the term of the contract and through any renewal or extension of the
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contract. Any proposed change must be submitted to BMWBO, which will make a
recommendation to the Contracting Officer regarding a course of action.
If a contract is assigned to another contractor, the new contractor must maintain the
Disadvantaged Business participation and/or Enterprise Zone Small Business participation of the
original contract.
The selected contractor shall complete the Prime Contractor’s Quarterly Utilization Report (or
similar type document containing the same information) and submit it to the contracting officer
of the Issuing Office and BMWBO within 10 workdays at the end of each quarter the contract is
in force. This information will be used to determine the actual dollar amount paid to Small
Disadvantaged Business and/or Enterprise Zone Small Business subcontractors and suppliers,
and Small Disadvantaged Business and/or Enterprise Zone Small Business participants involved
in joint ventures. Also, this information will serve as a record of fulfillment of the commitment
the selected contractor made and for which it received Disadvantaged Business and Enterprise
Zone Small Business points. If there was no activity during the quarter then the form must be
completed by stating “No activity in this quarter.”
NOTE: EQUAL EMPLOYMENT OPPORTUNITY AND CONTRACT COMPLIANCE
STATEMENTS REFERRING TO COMPANY EQUAL EMPLOYMENT OPPORTUNITY
POLICIES OR PAST CONTRACT COMPLIANCE PRACTICES DO NOT CONSTITUTE
PROOF OF DISADVANTAGED BUSINESSES STATUS OR ENTITLE AN OFFEROR TO
RECEIVE CREDIT FOR DISADVANTAGED BUSINESSES UTILIZATION.
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