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- What are the requirements to become certified as a Disadvantaged Business?
Disadvantaged Business is not a certification program. If a company meets the necessary criteria, it is considered a Disadvantaged Business. The designation does not exist outside the Request for Proposal (RFP) procurement process.
There are actually types of disadvantaged businesses: 1) Small Disadvantaged Business and 2) Socially Disadvantaged Business. Criteria:
Small Disadvantaged Business
- Certified as either A) a Minority or Woman Business Enterprise (MBE/WBE) through the Bureau of Minority & Women Business Opportunities (BMWBO), B) an 8(a) business through the U.S. Small Business Administration (SBA), or C) a company that BMWBO determines meets the SBA's criteria for designation as a Small Disadvantaged Business (SDB)*
- Grosses less than $20 million annually (or $25 million for those companies involved in Information Technology (IT) services or sales)
- 100 or fewer full-time or full-time equivalent employees
- Able to do the work in question
Socially Disadvantaged Business
- Must be bidding as a prime contractor on the RFP
- Must have suffered chronic and substantial racial or ethnic prejudice or cultural bias in the United States due to the business person’s color, ethnic origin, or gender
- The prejudice or cultural bias must have negatively impacted the business’ establishment or growth
Both Small and Socially Disadvantaged Businesses must be for-profit and owned by U.S. Citizens.
* SDB was formerly a certification through the U.S. Small Business Administration; however, it is now a self-certification. BMWBO will determine companies meet the criteria for this requirement if they were certified as SDB through the SBA before it moved to self-certification and are able to present a letter from the SBA with a still valid expiration date.
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- What type of businesses can be considered disadvantaged?
Any type of for-profit business qualifies if it meets the Disadvantaged Business requirements. A disadvantaged business can be the prime bidder, a partner in a joint venture, or a subcontractor.
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- Can a non-Pennsylvania company qualify as Disadvantaged Businesses?
Yes, as long as they meet the criteria for Disadvantaged Business, out-of-state companies may qualify as Small or Socially Disadvantaged Businesses.
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- Can a Socially Disadvantaged Business gross more than $20 million per year (or $25 million for IT companies) or have more than 100 employees?
Yes. Only Small Disadvantaged Businesses cannot exceed the annual revenue and employee limits.
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- I'm don't meet the criteria for MBE or WBE certification. How do a learn more about 8(a) certification?
8(a) Business Development Program certification is a federal certification offered through the U.S. Small Business Administration (SBA). The program provides eligible firms with greater access to the resources they need to grow and develop their businesses. This, in turn, improves their ability to compete on an equal footing with other firms in the mainstream American economy. You can learn more about it by visiting www.sba.gov/8abd.
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- Is Disadvantaged Business participation required?
No, but the Commonwealth supports Disadvantaged Business (DB) participation in state contracting. Should a vendor submit a proposal with minimal or no DB participation, the Bureau of Minority & Women Business Opportunties will contact that vendor to encourage increased participation before the contract can be awarded.
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- The RFP mentions that a business may gross less than $20 million annually (or $25 million for IT companies). Does this apply to the utilization of non-Disadvantaged Businesses?
No.
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- How can I learn more about the DB and MBE/WBE provisions or guidelines RFPs use?
For information on Disadvantaged Business program requirements, you can read the Disadvantaged Business sections of the RFP (should you have one). You can also find information on the Bureau of Minority & Women Business Opportunities (BMWBO) website at www.portal.state.pa.us/portal/server.pt?open=512&objID=1360&mode=2. If you still have questions after reading these documents, contact BMWBO at (717) 783-3119 or gs-bmwbo@pa.gov.
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- How can I find a list of Small Disadvantaged Businesses?
Since Disadvantaged Business is not a certification, there is no actual list of disadvantaged businesses. You can narrow down your search, however, using one of two methods:
- Create a list of BMWBO-certified MBEs and WBEs. The best way to do this is to search BMWBO’s online database at www.dgsweb.state.pa.us/mbewbe/VendorSearch.aspx. If you have trouble accessing or navigating the database, you can contact BMWBO at (717) 783-3119 or gs-bmwbo@pa.gov and someone will guide you or click here to view step-by-step instructions.
- Search for SBA-certified 8(a)s. Simply go to the SBA’s online database at www.ccr.gov, and click on Dynamic Small Business Search. Since this database has both certified and non-certified businesses, you must limit your search to bring up only 8(a) certified companies. Scroll down to 8(a) Certified under Government Certifications and mark “Required (Active Certifications only)”. * You can also limit your search by state (recommended if you are searching for Pennsylvania businesses only), NAICS codes (identify and classify specific business categories), area code, zip code, business type, bonding level, size, and name.
Remember, to qualify as a Small Disadvantaged Business, a company must meet one of the above two criteria, plus it must be a for-profit business, have 100 or fewer full-time or full-time equivalent employees, and gross less than $20 million (or $25 million for Information Technology businesses) annually. Additionally, it must be capable of doing the work it will be contracted to do, and the primary owner must be a U.S. citizen.
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- How do I know if a company's MBE or WBE certification is current?
BMWBO's online MBE/WBE database only displays currently certified companies. If companies do not renew their certifications before they expire, their listings will no longer appear in the database.
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- Part IV of the RFP states that Disadvantaged Businesse or Enterprise Zone Small Business subcontractors and joint venture partners must perform at least 50% of the contract. Why?
This is to prevent pass-thoughs. The Disadvantaged Business must do at least 50% of the work that it has contracted to do. Stated another way, it cannot pass on more than 50% of what it has contracted to do to another company. It must perform or complete at least 50% of the work itself.
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- Part II of the RFP asks about the amount of capital the Disadvantaged Business or Enterprise Zone Business is expected to provide. What do you mean by capital?
The meaning of capital is monies, facilities, or assets to initiate the project. Will the disadvantaged business be contributing any portion of these (e.g. additional onsite office space, computers, etc.)?
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- How does the Disadvantaged Business Program define the difference between a joint venture and a subcontracting agreement?
In a subcontracting agreement, the prime contractor is contracting with another company (the subcontractor) to provide certain goods or services needed to fulfill the contract needs. The subcontractor’s responsibility only extends to providing those specific goods or services. In a joint venture, two companies share the risks and profits of the contract. You can find a more detailed description on joint ventures at www.portal.state.pa.us/portal/server.pt?open=512&objID=1360&mode=2, or by contacting (717) 787-7629 or gs-bmwbo@pa.gov.
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- Part III of the RFP states that Disadvantaged Businesses cannot enter into subcontraing agreements for more than 40% of th total esimated dollar amount of the contract. Please clarify this.
Should a Small or Socially Disadvantaged Business (or Enterprise Zone Small Business) submitting a proposal as a prime contractor subcontract more than 40% of the value of the contract to other vendors, the company may no longer be considered as prime contractor on the proposal and may risk the Disadvantaged Business (or Enterprise Zone Small Business) points awarded to primes. In other words, the company may receive no Disadvantaged Business (or Enterprise Zone Small Business) points or it may be considered the subcontractor itself and, as such, be eligible for fewer points.
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- What information or documentation must I submit with my Disadvantaged Business proposal?
The required documentation will vary depending on the type of Disadvantaged Business participation. Information you need to submit might include:
Small Disadvantaged Business Participation
- Name, address, and phone number of DB company(ies) to which committing
- Copy of certificate confirming MBE, WBE, SDB, or 8(a) certification
- Recent audited financial statement or tax statement confirming gross annual revenues less than $20 million (or $25 million for IT sales or service companies)
- Letter attesting Small Disadvantaged Business has no more than 100 employees (required for SBA-certified SDBs or 8(a) businesses only)
- Documentation confirming DB owner's (or owners') U.S. citizenship (required for SBA-certified SDBs or 8(a) businesses only)
- Copy of a signed joint venture agreement OR subcontracting agreement or a letter of intent (letters of intent allowed for subcontracting commitments only)
- Commitment amount to each DB, in dollar amounts, if possible
Socially Disadvantaged Business Participation
- Evidence proving business suffered prejudice or bias due to businessperson's color, ethnic origin, or gender
- Evidence must show prejudice or bias:
- Chronic and substantial
- Occurred within the United States
- Hindered businessperson's entry and/or advancement in business world
You can find other required documentation listed in the RFP, usually in Part II under Disadvantaged Business Information . Always follow the RFP with regards to the required information and documentation that must be included when submitting your proposal.
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- What happens when a prime contractor cannot designate a dollar value for Disadvantaged Business participation (e.g. the prime contractor will be requesting supplies/services on an as needed basis, but cannot guarantee that the they will be needed?
In addition to other information the RFP requires, you must express disadvantaged business commitments as 1) an estimated percentage of the total value of the services/supplies subcontracted or purchased under the contract and 2) an estimated total dollar value to each disadvantaged business. If you do not know the total value or the specific supplies/services you will need, you must include your assumptions on both the contract amount and the required supplies/services on which you base your estimates.
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- What should we do when the terms of the RFP make it difficult to state the timeframe, location, and dollar amount in relation to making a Disadvantaged Business commitment?
Sometimes, the nature of an RFP can make specific commitments to disadvantaged business difficult. Some things to remember:
When the information in an RFP, or lack thereof, makes providing specific commitments difficult, you can omit the timeframe and the location information, but you must state the dollar value of the commitment. If you have problems making a specific dollar commitment, you can state it in terms of the percentage of the total services/products and an estimated dollar value (see preceding question).
When making your disadvantaged business commitment, assume that the disadvantaged business’ supplies or services will be needed. If they are, you must purchase them from the disadvantaged business to which you made the commitment. If they are not, you will not be required to purchase them. If you like, use the phrase “as needed” or “when needed” when wording your commitment.
You can only earn disadvantaged business points on specific commitments made to specific businesses. These commitments become a binding part of the awarded contract.
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- I plan to commit to a Small Disadvantaged Business that I have worked with on other Commonwealth contracts: must I submit the certification, financial, and commitment information again?
Yes, the Commonwealth only evaluates and scores the information submitted within a given proposal for a particular RFP. If we cannot confirm Disadvantaged Business status, commitment, etc. with the information you submit for that RFP, you may sacrifice DB points.
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- What do I do when the Small Disadvantaged Business refuses to submit a recent audited financial statement or tax statement even through the RFP states that the it must?
In such cases, the Small Disadvantaged Business may submit an audited financial or a tax statement with all information blanked out but the company name and gross annual revenues. If the company still refuses, the owner can contact to the Bureau of Minority & Women Business Opportunities which will explain the necessity of submitting the required information. This documentation is required for all companies attempting to qualify under the Small Disadvantaged Business designation even if they have been certified by the Bureau of Minority & Women Business Opportunities as a Minority or Women Business Enterprises.
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- I am a DGS-certified MBE (or WBE). I already submitted my tax and financial information when I applied for certification. Must I submit it again for this RFP?
Yes, MBE/WBE certification and the RFP procurement process are separate programs. The Commonwealth evaluates and scores only the information submitted with the proposal for that particular RFP. If the evaluator cannot confirm that your company qualifies as a Disadvantaged Business with the information you submit in your Disadvantaged Business proposal - and this includes financial information - you may sacrifice Disadvantaged Business points.
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- What items do you consider as proof of citizenship?
Proofs of citizenship include certificates of US citizenship, certificates of naturalization, birth certificates, passports, or tribal cards.
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- What do we do with the Disadvantaged Business information once we have the proposal completed?
Place all disadvantaged business information (narrative and cost) in a sealed envelope. We recommend that you put your company name, address and telephone number on the outside of the envelope, since the information will go to a separate office for evaluation. Two copies will be needed.
For your own protection, do not include Disadvantaged Business information in the body of the proposal. If the person evaluating the technical aspects of your proposal can determine the total cost by reading the disadvantaged business section, your proposal will be disqualified.
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- Do we need approved forms/affidavits for standard contracts for Disadvantaged Business subcontractors?
No, you can use simple subcontracting agreements or letters of agreement. The subcontract or letter of agreement can stipulate that the commitment will not be binding if the prime bidder’s proposal does not win the contract with the Commonwealth.
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- How are RFPs scored?
RFPs are scored and awarded using a point system. Each aspect of an RFP — such as technical, cost, disadvantaged business participation, etc. — is allotted certain number of points. The total points and their distribution can vary from RFP to RFP; however, the minimum weight for Disadvantaged Business participation points within an RFP has been set at 20%. A proposal will earn points on the various aspects, and the total will determine which bidder will win the contract.
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- How do you award Disadvantaged Business points?
RFPs are awarded according to a point system. Disadvantaged business points, a portion of all of the points available in a RFP, are determined using a priority ranking system. The higher the ranking, the greater the potential points.
| Priority Rank |
Type of Disadvantaged Business Participation |
| 1 |
Small Disadvantaged Business as prime contractor |
| 2 |
Non-Disadvantaged Business prime contractor establishing joint venture with Small Disadvantaged Business |
| 3 |
Non-Disadvantaged Business prime contractor subcontracting to Small Disadvantaged Business(es) |
| 4 |
Socially Disadvantaged Business as prime contractor |
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- Can I still win a contract if I have no Disadvantaged Business participation?
Yes. Disadvantaged Business (DB) points make up only one, albeit significant, portion of the total points available within an RFP. Even without Disadvantaged Business participation, proposals will earn points in other areas, such as technical, cost, etc. The greater the total points a proposal earns, the greater the chances are of winning the contract.
Vendors must understand, however, that the Commonwealth supports DB participation in state contracting. Should the Commonwealth receive a proposal with minimal or no DB participation, the Bureau of Minority & Women Business Opportunties will contact that vendor to discuss increasing participation before the contract can be awarded.
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- What if I use more than one Disadvantaged Business?
The larger your commitment to a disadvantaged business or businesses, the more points you can potentially earn. Just remember that the primary factor in awarding a contract is the total dollar value of your commitment or commitments. Prime contractors who commit to more than one type of Small Disadvantaged Business may earn additional points (see following question).
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- If I qualify as a Socially Disadvantaged Business, will I earn more points if I also subcontract to or establish a joint venture with a Small Disadvantaged Business?
Yes, but you can never earn more than 100% of the available Disadvantaged Business points.
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- How is the percentage of Disadvantaged Business points associated with the volume of work the Disadvantaged Business does? Do the points vary according to the level of Disadvantaged Business participation?
Proposals earn disadvantaged business points relative to the amount of their disadvantaged business commitment. The number of points awarded to the disadvantaged business portion of a particular proposal is determined by the value of that contractor’s disadvantaged business commitment in comparison to the disadvantaged business commitments of other contractors, with the highest commitment receiving the most points.
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- Is there a monthly Disadvantaged Business utilization reporting process when a contract is awarded?
Yes. That process is explained when the contract is awarded.
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- Can I withdraw my commitment to a Disadvantaged Business once my proposal has been accepted?
No, DB commitments are contractually binding. If a prime contractor wishes to withdraw a commitment it has made to a DB, it must first seek and obtain BMWBO’s permission to do so in writing. If permission is granted, the prime contractor must select another DB as the replacement.
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- Can an Enterprise Zone Small Businesses qualify as a Disadvantaged Business?
Only DGS-certified MBEs and WBEs, SBA-certified 8(a)s, and those companies that BMWBO determines meet the SBA's criteria for designations as SDBs, and companies meeting the Socially Disadvantaged criteria can qualify as DBs.
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- Do proposals that include Enterprise Zone Small Business participation still earn additional points even though the Enterprise Zone Small Businesses no longer qualify under the DB program?
Yes, although the Enterprise Zone Small Businesses no longer fall under the DB program, proposals that have Enterprise Zone Small Business participation can earn bonus points.
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- Are there different levels of Enterprise Zone Small Business participation as there are for DB participation?
Yes.
| Priority Rank |
Type of Enterprise Zone Small Business Participation |
| 1 |
Enterprise Zone Small Business as prime contractor |
| 2 |
Non-Enterprise Zone prime contractor establishing joint venture with Enterprise Zone Small Business |
| 3 |
Non-Enterprise Zone prime contractor subcontracting to Enterprise Zone Small Business(es) |
| 4 |
No Enterprise Zone Small Business participation |
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- What happens if I commit to an Enterprise Zone Small Business and a Small Disadvantaged Business?
Since Enterprise Zone Small Businesses and Disadvantaged Businesses now fall under two separate designations, proposals committing to both can earn points in both areas.
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- Where are the Pennsylvania Designated Enterprise Zones? Is there a map?
We do not have a map of Enterprise Zones, but you can find a list of Enterprise Zone offices (in Adobe format) at www.portal.state.pa.us/portal/server.pt?open=512&objID=1360&parentid=1358&mode=2. To find Enterprise Zone boundaries, contact the local Enterprise Zone office.
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- What do we do with the Enterprise Zone business information once we have the proposal completed?
Place all Enterprise Zone business information in the same envelope with the DB information.
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