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DIVERSITY AND EQUAL OPPORTUNITY

By Deborah Simpson,2014-04-12 14:33
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DIVERSITY AND EQUAL OPPORTUNITY

    RFP No. 5518

    Article III: Required Information Including Forms

    DIVERSITY AND EQUAL OPPORTUNITY

PG&E’S SUPPLIER DIVERSITY SOURCING POLICY:

    CONTRACTOR AND SUBCONTRACTORS OF ALL TIERS

    MUST COMPLY WITH PG&E’S SUPPLIER DIVERSITY

    SOURCING POLICY IN THE AWARD OF ALL SUBCONTRACTS

    AND SUB-SUBCONTRACTS. This policy requires that Women, Minority, and Disabled Veteran Business Enterprises (WMDVBEs) shall have the maximum practicable opportunity to participate in 1the performance of Work.

    1. The Contractor shall provide to each prospective

    Subcontractor a copy of this Exhibit.

    2. Contractor shall provide a separate, signed Subcontracting

    Plan consisting of a specific list of Subcontractors that will

    participate in the performance of the Work and a statement

    setting forth the Contractor’s goals for WMDVBE

    subcontracting of all tiers and setting forth such additional

    good faith efforts Contractor and Subcontractors will employ to

    increase the participation of WMDVBE in the performance of

    the Work. th3. No later than the 15 of each month, Contractor shall submit

    its subcontracting spend with women, minority, and service

    disabled veteran owned suppliers using PG&E’s electronic

    reporting system located at:

    https://www.pgesupplierdiversity.com/pge/login.asp

    a. To establish a user ID, Contractor shall request via

    email to: supplierdiversityteam@pge.com

    4. In addition, for contracts exceeding $500,000 (or $1 million for

    construction contracts), the Contractor must comply with the

    Policy Regarding Utilization of Small Business Concerns and

    Small Disadvantaged Business Concerns, as described in

    Exhibit 2. The Subcontracting Plan for these contracts must

    include provisions for implementing the terms prescribed in

    Exhibit 2.

    a. Small Business, and Small Disadvantaged Business

    Subcontracting Plans are not required for small

    business contractors, personal service contracts,

    contracts that will be performed entirely outside of the

    United States and its territories, or modifications to

    existing contracts which do not contain subcontracting

    potential.

    b. For all PG&E contracts, the Contractor shall act in

    accordance with the Subcontracting Plan in the

    performance of the Work and in the award of all

    Subcontracts.

     1 WMDVBEs must be verified pursuant to the procedures prescribed in Section 2 of CPUC General Order 156.

    RFP No. 5518

    Article III: Required Information Including Forms

    5. Contractor’s supplier diversity subcontracting goal for this Contract is {Insert supplier’s stated spend %

    commitment from RFP or negotiations}. The supplier

    diversity goal shall be reported as Contractor’s spend with verified WMDVBE subcontractors on PG&E work

    under this Contract).

    6. These requirements and the Contractor’s response will be incorporated into the Contract.

FEDERAL EQUAL OPPORTUNITY REGULATIONS: During the

    performance of this Contract and to the extent they may be applicable to this Contract, the Contractor agrees to comply with all laws, orders, and regulations included by summary or reference in the following Paragraphs:

    1. EQUAL EMPLOYMENT OPPORTUNITY -- Executive Order

    No. 11246, 41 CFR Part 60-1: (Contracts of $10,000 or more) Provides that Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin and further that Contractor shall take affirmative action to ensure that applicant and employees are treated without regard to their race, color, religion, sex, or national origin.

    2. CERTIFICATION OF NONSEGREGATED FACILITIES --

    41 CFR 60-1.8: (Contracts of $10,000 or more) Contractor hereby certifies that Contractor will not maintain or provide segregated facilities for its employees and will not permit its employees to perform their services at any location under Contractor’s control, where segregated facilities are maintained.

    3. CONSTRUCTION CONTRACTORS-AFFIRMATIVE ACTION

    REQUIREMENTS -- 41 CFR Part 60-4: (Contracts exceeding $10,000) Establishes procedures for soliciting and awarding federal or federally assisted construction contracts.

    4. LISTING OF EMPLOYMENT OPENINGS -- Executive Order 11701: (Contracts of $10,000 or more) Contractor will list employment openings with the Employment Development Department in accordance with the Vietnam Era Veterans Readjustment Assistance Act of 1974 and Executive Order 11701. The affirmative action clause set forth in 41 CFR 60-250.4 is incorporated herein by reference.

    5. EMPLOYMENT OF THE HANDICAPPED -- Rehabilitation Act of 1973, 41 CFR Part 60-741: (Contracts of $2,500 or more) The affirmative action clause and the regulations contained in 41 CFR 60-741.4, and Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps, are incorporated by reference in this Contract.

    RFP No. 5518

    Article III: Required Information Including Forms

    6. FILING PROGRAM SUMMARIES AND PREPARING

    AFFIRMATIVE ACTION PLANS -- Executive Order 11246, 41 CFR Part 60-2: (Contracts of $50,000 or more) If the value of this Contract is $50,000 or more and the Contractor has 50 or more employees, the Contractor agrees to file appropriate affirmative action program summaries in accordance with existing regulations and develop and maintain a current written affirmative action compliance program at each of its establishments.

    7. VIETNAM ERA VETERANS READJUSTMENT ASSISTANCE

    -- Act of 1974, Title 41, Chapter 60, Part 250: (Contracts of $10,000 or more) The affirmative action clause and the regulations pertaining to the employment of disabled veterans and veterans of the Vietnam era are incorporated by reference in this Contract.

    8. AMERICANS WITH DISABILITIES ACT --

    42 U.S.C. Section 12101, et seq.: Contractor agrees that, to the extent it may be applicable to this Contract, Contractor shall comply with the Americans with Disabilities Act.

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