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HomeMy Public PortalAboutConstruction Projects with Federal Funding - August 5, 2015Construction with Federal Funding V5 (10/08/2015) Page 1 METROPOLITAN ST. LOUIS SEWER DISTRICT BUSINESS DIVERSITY MWBE Utilization and Workforce Program Construction Projects with Federal Funding Effective August 5, 2015 PURPOSE The Metropolitan St. Louis Sewer District (MSD or District) will provide opportunities for the meaningful participation by Minority and Women Business Enterprises (MWBE) and for minority and women workforce on Construction Projects performed for the District. The Purpose of this procedure is to establish guidelines for MWBE participation by applicable vendors, bidders, contractors, service providers and any person, corporation, business, or other entity performing a Commercially Useful Function (CUF) while doing business with the District on Construction Projects that are receiving federal funding for which compliance with Title 40 CFR Part 33 is required. This procedure also establishes the guidelines for workforce participation compliance. MWBE UTILIZATION All certified MWBE firms, interested in participating on an MSD contract, regardless of the procurement type, are required to perform a Commercially Useful Function (CUF) in fulfillment of an awarded contract. The purpose of the CUF requirement is to ensure that MWBE firms are ready, willing and able to perform specific requirements for which they are certified and authorized to perform, according to the terms and conditions as set forth in the contract. Work performed by an MWBE on MSD contracts must be consistent with industry practices and other relevant considerations and has a necessary and useful role in the transaction (i.e., the firm’s role cannot be a superfluous step added to a project in an attempt to obtain credit towards meeting MWBE goal requirements). CUF requirements also exist to prevent, to the extent possible, MWBEs from being utilized as a “pass through” or “front” for a prime contractor or another subcontractor. A commercially useful function occurs when the MWBE firm is responsible for execution of their contract and performs responsibly by managing and supervising the work involved with respect to ordering materials, equipment, supplies, negotiating price, determining quality and quantity, installing (where applicable), and payment for its own materials and labor. If in the District’s judgment, the MWBE (eve n if certified) does not perform a commercially useful function in performance of a contract, credit towards meeting stated MWBE goal will not be counted. When a MWBE firm is the manufacturer of materials provided for performance on the contract, or the MWBE firm is providing labor in performance of a scope of services that is a necessary requirement for the contract, the MWBE firm will generally be considered as CUF, however all labor must be tied to a specific project scope identified on MSD For m A. A. MWBE Requirements. 1. The Metropolitan St. Louis Sewer District (District) has established a MBE goal of 10.0% utilization for construction contracts in the amount of $50,000 or more for which federal funding is being utilized and for which compliance with Title 40 CFR Part 33 is required. Exceptions will be noted in the contract documents, when required. 2. The Metropolitan St. Louis Sewer District (District) has established a WBE goal of 5.0% utilization for construction contracts in the amount of $50,000 or more for which federal funding is being utilized and for which compliance with Tit le 40 CFR Construction with Federal Funding V5 (10/08/2015) Page 2 Part 33 is required. Exceptions will be noted in the contract documents, when required. 3. A bidder who has achieved the 10.0% participation for MBE utilization and the 5.0% participation for WBE utilization as defined herein will be in compliance with the requirements of this specification. A bidder who cannot achieve the 10.0% MBE utilization goal and the 5.0% WBE utilization goal must provide documentation, as prescribed in paragraph C.3 to demonstrate that good faith efforts were initiated, prior to submittal of the bid, to achieve these goals. If the bidder cannot demonstrate such good faith efforts, the bid will be rejected as non-responsive. 4. The term Minority and Women Business Enterprises (MWBE) refers to: a. A Minority Business Enterprise (MBE) is defined as a business that is at least 51% owned, operated and controlled by a minority or minority group me mbers, who are citizens of the United States. “Controlled” means that the minority owner(s) must exercise actual day-to-day management of the business. The minority groups covered by this procedure are African American, Hispanic American, Asian American, Pacific Islander, American Indian or Alaskan Native. b. A Women Business Enterprise (WBE), is defined as a business that is at least 51% owned, operated and controlled by a woman or women, who are citizens of the United States. “Controlled” means that the woman owner(s) must exercise actual day-to-day management of the business. 5. The District will accept, as prospective MBE participants for these projects, those MBE firms which have been certified for the industry type of service and/or material for which they are contracted by one or more of the following agencies on or before the date of the bid opening:  Missouri State Office of Equal Opportunity  City of St. Louis  St. Louis Minority Business Council Note: MSD does not accept reciprocity certifications from other certifying agencies. B. Pre-Contract Award Obligations: 1. A properly signed bid will certify that the bidder has undertaken the good faith efforts described in this MWBE procedure to achieve the stated goal for MWBE participation. It is mandatory for each bidder to submit MSD Form A with their bid for consideration of MWBE sub-contractors to be utilized to fulfill goal requirements. All other MWBE participation information including but not limited to attachments to Form A, Form B, a nd all attachments and information required to demonstrate good faith efforts (if needed) must also be submitted to MSD with the original bid at the due date and time specified. Failure to submit any of the information as required (on MSD Form A and/or MSD Form B) will result in the bid being rejected as non- responsive. 2. To establish a bid as responsive, the bidder must document on MSD Form A the proposed utilization and tier level of participation of MWBE participants to be utilized for achievement of the stated goals, and/or document on MSD Form B the good faith efforts expended by the bidder to utilize MWBE participants. The documentation requirements are outlined in C.3, a-e below. For the purpose of determining the degree of goal attainment through MWBE sub-contractor joint Construction with Federal Funding V5 (10/08/2015) Page 3 ventures, MWBE sub-contractors, MWBE manufacturers, MWBE distributors, MWBE suppliers, and MWBE brokers, the following methodology will be utilized: a. A MWBE joint venture sub-contractor consisting of a certified MWBE and majority business enterprise, functioning as a singular entity, will receive MWBE participation credit only for the MWBE’s participation based upon a percentage of the dollar amount of the work performed by the MWBE entity. Only the verifiable dollar amount as defined in paragraphs c. thru h. below will be allowed to count towards MWBE participation goals. Joint Venture Sub- Contractors must be pre-approved for sub-contracting activities by MSD’s Diversity Division a minimum of 90 days prior to the bid opening date for the project. To obtain approval, contact MSD’s Diversity Division. b. All bidders including certified MWBE’s must achieve the required 10.0% MBE utilization goal and 5.0% WBE goal by obtaining additional participation from certified MWBE’s. c. A contractor or sub-contractor who has an ownership stake (at any level) in another business entity (whether as a parent or subsidiary) may not use that organization for purposes of meeting goal requirements in a subcontracting capacity on a MSD project. MWBE participation must be obtained through utilization of an independent, certified MWBE contractor with no ownership affiliation to the contractor or subcontractor in the hiring capacity. 3. Bidders will be credited 100% for qualified MWBE participation of the dollar amount for purchases made from certified MWBE sub-contractors for work performed at the jobsite, but may include limited situations where the sub-contracting activity relative to the work being performed on the contract is performed at an off-site location but meets the CFU needs of the project (i.e. reinforcing steel mats tied at a yard and then shipped to the jobsite, painting of structural steel, etc.), subject to approval by MSD’s Diversity Division. 4. Any bidder will be credited with MWBE participation for 100% of the dollar amount of purchases made from:  MWBE manufacturers who operate or maintain a facility and/or establishment with a manufacturing business that produces on site materials, supplies, items and/or equipment per specification documents; or  MWBE distributors/suppliers contracted with a manufacturer to distribute products and who will in fact provide qualified installation services on MSD’s project which meets a CUF for the MSD project. The MWBE distributor/supplier must be engaged in marketing, sales, warehousing, distribution, and delivery for the manufacturing entity. a. MWBE participation proposed under this category shall require the following attachments to Form A:  Evidence that the MWBE is certified within the identified manufacturing industry;  Product specifications;  MWBE’s location of manufacturing operations;  Address of MWBE’s product marketing, sales, warehouse, distribution; and  Evidence of MWBE’s proposed installation services on the contract. Construction with Federal Funding V5 (10/08/2015) Page 4 5. Any bidder will be credited with MWBE participation of 20.0% of the dollar amount of purchases made from:  MWBE distributors and/or suppliers possessing a manufacturer’s contract or agreement and engaged in the sales, warehousing, and distribution of materials and/or supplies. MWBE participation proposed under this category shall require as an attachment to Form A identification of the address where the sales, warehousing, and distribution activities occur. 6. A sub-contractor may be used for participation at any tier provided the bidder identifies the “tier” level of utilization for the sub-contractor on MSD Form A and submits verification of their certification along with any applicable required attachments at the time of bid submittal. 7. Any non-certified MWBE sub-contractor at any tier level does not count towards meeting a bidder’s MWBE participation goals. Therefore, all tiers of MWBE sub- contractors are required to subcontract only to other certified MBE or WBE sub- contractors providing the same services in order to be counted towards meeting the MWBE participation goals. Any deviation from this requires im mediate notification to and approval by the District. C. Evaluation of Goal Achievement. 1. As a prerequisite, to demonstrate MWBE goal achievement, the bidder must provide the following documentation with their bid: NOTE: MSD Form A must be used for this purpose. a. Name identification of the Certified MWBE sub-contractor; b. Identification of the type of services, materials and/or work of the particular sub- contractor to establish the MWBE’s Commercially Useful Function; c. Total dollar amounts for the MWBE’s participation. Each MWBE must be listed separately; d. Proof of valid certification status for all MWBE sub-contractors; e. Check box of the intended percentage of participation for each MWBE sub- contractor that is to be credited towards meeting MWBE participation; and f. Indicate the tier level of participation for each MWBE sub-contractor. 2. MSD reserves the right to conduct on-site interviews and inspections of the MWBE’s listed on Form A at their place of business for purposes of verifying certification information presented and to determine if the MWBE’s business is in compliance with MSD’s guidelines for MWBE participation. 3. For bids that do not meet the District’s stated MWBE goal, the bidder must document and provide all good faith efforts undertaken by the bidder to achieve the stated goal. For a bid to be considered responsive, efforts undertaken shall be concentrated and aggressive so as to reach the intended MWBE targets for participation through various means of personal contact, follow-up, and/or actual consultation with qualified certified MWBE firms. Construction with Federal Funding V5 (10/08/2015) Page 5 MSD Form B – Good Faith Documentation Requirements The following is a list of minimum requirements (a thru e below) a bidder must complete in order to have demonstrated compliance with meeting the requirements for the District’s “Good Faith Efforts”. All “Good Faith Efforts” must be undertaken with MWBE firms having skills or services relevant to the project being bid, and be “ready, willing and able” to provide those skills or services. Information submitted as validation of “Good Faith Effort” activities will be subject to verification. a. Advertisements:  Bidder must provide documented proof of all efforts undertaken to extend opportunities to local certified MWBE firms through advertisements with locally distributed media within the MSD service area. Advertisements must be published at least fourteen (14) days prior to the bid due date. Examples include: advertising in regional minority trade association newsletters, minority-owned media specifically targeted to MSD’s service area, and written notifications sent to minority contractor associations. Proof of advertisements would include copies of the advertisement containing dates published or publication affidavits. All other advertisements must be acknowledged by the intended or targeted recipients. b. Outreach to identify potential MWBE’s for work being sought:  To assist bidders, a listing of certified firms is provided with solicitation documents and a listing of certified MWBE contractors is also provided on MSD’s supplier diversity website (www.stlmsd.com) as a resource for bidders to use for purposes of making contact with MWBE’s to solicit for quotes, bids, etc. However, it is the responsibility of the bidder to verify the current certification status and MWBE sub-contractor’s qualifications and experience to perform work or supply services or materials as a MWBE sub- contractor.  Any solicitation of letters, e-mails, or faxes sent by the primary bidder to reach certified MWBE’s must include the specific type of work being sought, or the work delivery schedule conforming to the type of work that the MWBE firm is qualified to perform.  Bidder must provide documented contact with a minimum of two (2) MWBE professional or advocacy organizations, each of which has capabilities to assist with identification of potential certified MWBE’s for subcontracting opportunities. Evidence of contact with the organization must be provided. c. Bidder shall host a pre-bid meeting, prior to bid completion, to reach qualified MBE’s. A Pre-bid meeting agenda with sign in sheets containing MWBE’s contact information and signatures must be submitted with bidder’s outreach documentation. Announcement of pre-bid meetings, including date and time, should be included in the bidder’s advertisement, referenced in paragraph “a.” above.  As an alternative, local construction contractor associations or the equivalent may advertise separately for a single location pre -bid meeting for numerous potential prime and MWBE firms. The prime contractor shall submit sign in sheets showing their attendance and documenting the attendance of MWBE firms with outreach documentation. Construction with Federal Funding V5 (10/08/2015) Page 6 d. Written Correspondence and Notifications: In order to provide verification of “good faith” efforts:  Bidder must provide copies of efforts to solicit bids and/or material quotes from qualified MWBE’s through timely notifications to solicit business via letters. Those solicitations should be dated or postmarked a minimum of fourteen (14) calendar days prior to bid opening. Solicitations may be sent using the following methods: o Registered or certified mail with a returned receipt required, or o E-mail notifications with acknowledgement by recipient or confirmation via returned “read” receipts, or o Faxed documentation with acknowledgement by recipient or confirmation receipts, or o Courier with proof of the MWBE’s acceptance signature  Verifiable proof of all such notifications must be submitted as confirmation of the bidder’s due diligence to secure qualified minority participants within MSD’s service area.  Bidder shall provide the listing used to solicit bids and must attempt to contact an adequate number of certified MWBE’s, whether sourced from MSD’s website listing (www.stlmsd.com) or other MSD approved certifying agencies, must be contacted in relevant work categories, as designated in the following table: Number of MWBE’s in Relevant Work Category Minimum Number of MWBE’s Contacted Based on MSD’s Website List Five or Less All Available MWBE’s Six to 10 At Least Five MWBE’s 11 or More At Least 50% of Available MWBE’s e. Contracting in Good Faith with Interested MWBEs  It is the bidder’s responsibility to identify and make portions of the project work available to qualified MWBE firms and to select those portions of the work or material needed consistent with the available MWBE firms, so as to facilitate MWBE participation. Evidence of such contracting outreach includes the names, addresses, and telephone of MWBE’s that were considered; a description of the information provided regarding the plans and specifications for the work selected; and evidence as to why additional agreements could not be reached with the MWBE’s to perform this work. Construction with Federal Funding V5 (10/08/2015) Page 7  A bidder using good business judgment would consider a number of factors in deciding to contract with MWBE firms and would take a firm’s price and capabilities as well as project goals into consideration. Good faith effort include those additional steps taken to do business with MWBE’s such as negotiations, one-on-one meetings, etc., the bidder takes beyond sending the initial request for a quote to reach an acceptable agreement for participation with the MWBE. The ability or desire of a bidder to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. A bidder is not, however, required to accept higher quotes from MWBE’s if the price difference is excessive or unreasonable. D. Post Contract Award Requirement: 1. Within fifteen (15) calendar days after notice of award of the contract , MWBE verification letters signed by all the MWBE participants or copies of all MWBE related sub-agreements signed by the contractor and MWBE sub-contractors must be submitted to the District. If a bidder fails to submit the required information and documentation within fifteen (15) calendar days after notice of award, the District may withdraw the notice of award and the bid security of that bidder will be forfeited to the District. E. Contractual Requirements: 1. For the purpose of validating MWBE compliance on any project, the District will perform on-site monitoring. 2. During construction, the contractor must submit monthly online MWBE utilization reports to the District using the online Prism Reporting system. MSD will verify that the contractor has reported their monthly MWBE involvement participation upon receipt of a progress payment request until the Final Payment Application for the project is submitted. On months where there is no MWBE activity, contractor must still submit a report indicating no activity was performed for that month. 3. Changes to the contractor’s original or previously approved MWBE utilization (MSD Form A) will only be considered by the District for one of the following reasons: a. The named MWBE sub-contractor is unable to meet the delivery requirements of the contract schedule. b. The named MWBE sub-contractor is dilatory in complying with the requirements of the contract documents. c. The named MWBE sub-contractor is prevented from performing due to bankruptcy, insolvency or circumstances related to the failure of the business. d. The type and amount of work to be performed by the MWBE sub-contractor is less than what the contractor could have reasonably assumed at the time of the bid. The contractor must promptly report to the District, in writing, any proposed changes in the utilization of MWBE sub-contractors, and include appropriate written justification documentation, signed off by both the contractor and the affected MWBE. All contract modifications to MWBE participation and/or MWBE scope of work requires a written District change order to the contract prior to final close out of a project. Construction with Federal Funding V5 (10/08/2015) Page 8 4. Before final payment will be authorized by the District, , the contractor must submit a MWBE Payment Verification Confirmation Form (signed by both the contractor and the MWBE sub-contractor) for each MWBE sub-contractor utilized on the project indicating the full amount paid to date. Contractor must indicate on the Verification Form whether this amount represents full or partial payment of all amounts owed to the MWBE sub-contractor. In a case where the total final payment to the MWBE sub- contractor cannot be made until the District makes its final payment to the contractor, the contractor shall also indicate on the form the amount to be paid upon receipt of final payment from the District. Upon receipt of final payment from the District, and subsequent payment of any outstanding payments owed to MWBE sub- contractors, the contractor shall record final payment into Prism and submit a new MWBE Payment Verification Confirmation Form for each MWBE sub-contractor receiving such outstanding payment confirming their receipt of final payment. 5. In the event the contractor fails to conform to meeting its MWBE obligations, the contractor must furnish to the District, in writing, the reasons for failure. If, in the sole judgment of the District, there have not been sufficient good faith efforts taken on the part of the contractor to meet its full contract MWBE participation obligations, the District will advise the contractor, in writing, of corrective actions to be initiated. If the contractor fails to fully initiate the corrective actions in a timely manner, the District may withhold the equivalent amount, which should have been paid t o the MWBE(s), from any payments and/or institute appropriate actions pursuant to the provisions that have been incorporated into the contract specifications. An equivalent amount shall be defined as that portion of the MWBE goal per party that was not met, as initially set forth on MSD Form A or by an approved MSD contract change order agreement. F. Disclaimer The District's implementation of this MWBE procedure and its requirements does not constitute any endorsement of any MWBE. By submitting a bid to the District, the bidder agrees to hold harmless the District, its officers and employees, for all claims arising out of this bid or any contract connected thereto. Construction with Federal Funding V5 (10/08/2015) Page 9 WORKFORCE REQUIREMENTS Federally Funded Construction contracts in an amount of $10,000 or greater, will require compliance with minority and women workforce, local employment, and apprentice diversity participation goals during construction. A. Workforce Requirements  14.7% Minority workforce participation per trade;  6.9% Woman workforce participation per trade. Minority is defined as a male or female African-American, Hispanic American, Asian American, Pacific Islander, American Indian or Alaskan Native. B. Contract Obligation 1. The contractor must comply with all applicable workforce contractual requirements at the onset of all MSD projects. a. At least fifteen (15) days prior to mobilization contractor is required to submit a 60 Day Project Workforce Plan to the District forecasting the anticipated workforce utilization for the first 60 days of the project schedule for the Prime contractor and a ny sub-contractors providing labor as a component of their scope of work who will have workers on the project in the first 60 days of the project schedule. At a minimum, the Project Workforce Plan will include the following:  Name of each worker  Trade/Craft of each worker  Gender of each worker  Ethnicity of each worker  Employment Status, i.e., New Hire, Union Hall Hire, etc.  Length of employment with the Prime contractor or sub-contractor 2. In the event a contractor is not meeting the workforce goal requirements at the onset of a project, contractor must include a project schedule which identified the contractor’s plan for meeting the workforce goal requirements in addition to demonstrating “good faith efforts” to be undertaken by both the contractor and sub-contractors to meet the workforce requirements. To meet “good faith effort” the contractor must provide the following: a. Documented proof of initial contact with the resources listed below requesting availability of qualified workers must be provid ed as well as responses received to the request:  MSD’s Bud Training Program (SLATE)  MSD’s First Source Hiring Program (SLATE)  Documented contact with union affiliates (if applicable) b. An action plan to fulfill contract workforce obligations by the end of the project must be provided with documentation. Construction with Federal Funding V5 (10/08/2015) Page 10 3. All actions of good faith must include the steps listed in 2. a -b. Failure to meet these minimum contract obligations will subject the contractor to sanctions on doing future work with the District up to and including a complete prohibition from performing work on any District projects for a time period to be decided solely by the District. 4. Upon receipt of contractor’s 60 Day Project Workforce Plan by the District, contractor will receive acknowledgement via email that the Plan has been received and is under review. Within 5 business days of acknowledgement, contractor will receive a notice of acceptance or request for additional information. This process will continue until an acceptable plan is on file. The contractor is prohibited from proceeding with any portion of the work having a workforce component until the Plan has been deemed acceptable by the District. 5. Monthly Workforce Reporting Requirements: To be in compliance with MSD’s labor and workforce reporting requirements contractor must utilize MSD’s online Prism Reporting System. Contra ctor shall submit monthly workforce utilization reporting online by the 10th of each month for the previous month. Certified Payrolls detailing actual utilization for the past month for the Prime contractor and all sub-contractors performing work in the month being reported. If the workforce goals have not been met, the report shall also include documentation of specific “good faith effort ” performed in the past month as well as the planned actions to be taken by the contractor and the sub-contractors to fulfill workforce contractual requirements. a. As part of its monthly reporting, documented proof of “good faith effort” activities including initial and ongoing contact with the programs listed above must be provided along with documented responses from each entity contacted to request diverse workers. 6. During the life of the Community Benefits Agreement (“CBA”), MSD shall ensure that the First Source Hiring Program and Training Programs are material terms on all new MSD CIRP contracts, all amended or renewed CIRP projects and voluntary extensions of existing CIRP projects. Under these CIRP projects the requirements for use of these programs shall commence as of the effective date of the contract. MSD shall actively monitor performance of the BUD and First Source Hiring Programs, shall enforce the requirements for use of the BUD and First Source Hiring Programs and shall take appropriate enforcement actions to address noncompliance. The BUD and First Source Hiring Programs provide access to targeted Minority and Women applicants for MSD projects. Contractors shall receive from the Programs prompt, cost-free eligibility lists of available qualifi ed and trained applicants when requested for MSD Projects. MSD requires contractor participation in the BUD and First Source Hiring Programs with regard to all job vacancies on MSD projects by: a. Prime Contractors and their subcontractors; b. Contractors and subcontractors entering into or receiving an extension in the scope of an existing project contract, an amendment or renewal of an existing project in which the CBA was in effect at the time of the original contract. Nothing contained in the CBA or MSD guidelines shall require contractors who are subject to collective bargaining agreements with union affiliates to comply with utilization of SLATE Programs which violates any component of bargaining agreement terms. Conflicts with use of these programs with collective bargaining agreements must be provided to the District with good faith effort documentation. Construction with Federal Funding V5 (10/08/2015) Page 11 Contact Information for BUD Training and First Source Hiring Programs: St. Louis Agency on Training and Employment (SLATE) Program Administrator: CJ Neu 1520 Market Street, Suite 3050 St. Louis, MO 63103 (314) 657-3551, Phone (314) 641-8440, Fax www.stlworks.com Applicant Intake Referrals Email: Constructionintake@stlworks.com 7. For the purposes of validating workforce compliance on any MSD project, the District will perform on-site monitoring in order to confirm workforce compliance as described in paragraph A above. 8. Failure to meet the “Good Faith” effort requirements listed above will subject the contractor to sanctions on doing future work with the District up to and including a complete prohibition from performing work on any District projec t for a time period to be decided solely by the District. FINAL AND ANNUAL DIVERSITY COMPLIA NCE EVALUATIONS A. Upon submission of contractor’s final payment request, MSD’s Diversity Division will conduct a final evaluation of both vendor and workforce goal attainment on all contracts with vendor and/or workforce goals prior to release of contractors final contract payment. A contractor is considered to be in compliance with MSD’s Diversity Program guidelines upon successful utilization of the MWBE subcontractors proposed on contractor’s originally submitted MSD Form A and satisfaction of workforce utilization goal requirements. Any deviation from contractor’s originally approved MWBE’s, requires contractor to have an approved change order with appropriate jus tification documentation. Final contract payments will not be approved without the required documentation. B. For contracts exceeding $500,000, to meet workforce requirements, contractor must have on file an Initial 60 Day Workforce Plan, all required monthly Workforce Utilization Reports for Prime and Subs, all required certified payrolls for Prime and Subs, and any additional required workforce compliance documentation such as good faith effort documentation in the event contractor did not meet workforce requirements. Failure to meet workforce compliance requirements can subject the contractor to sanctions on doing future work with the District up to and including a complete prohibition from performing work on any District project for a time period to be decided solely by the District. C. On an annual basis, each pre-qualified contractor requesting to continue as an approved pre-qualified contractor will be evaluated and scored on performance compliance with meeting vendor and workforce goals. Failure to meet vendor and workforce compliance requirements can subject the contractor to sanctions on doing future work with the District up to and including a complete prohibition from performing work on any District project for a time period to be decided solely by the District.