ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY

SMALL BUSINESS ENTERPRISE POLICY

I.                   Purpose OF SBE POLICY

The Alameda County Congestion Management Agency (“CMA”) recognizes the difficulties small business enterprises may encounter when competing against larger more established businesses for construction, purchasing and professional services contracts.  CMA is concerned with the under utilization of small business enterprises in CMA contracts.  In an effort to promote and facilitate full participation in our free competitive enterprise system by qualified small business enterprises and to ensure that a fair proportion of the contracts or subcontracts and contracts for the provisions of goods and professional services for CMA be placed with these enterprises, CMA hereby adopts a Small Business Enterprise Policy (“SBE Policy”). 

II.                Statement of SBE Policy

CMA shall encourage all Prime Contractors to utilize qualified SBE Subcontractors on CMA projects.  CMA shall promote the direct purchase of goods from qualified SBEs by utilizing SBE vendors when such vendors are available and the price of the goods sought is reasonable.  For professional services contracts, CMA shall seek the utilization of qualified SBEs when such SBEs are available. 

For purposes of this SBE Policy, an SBE shall be a “small business” within the meaning of 13 CFR Part 121 and California Government Code Section 14837.  In the event that this SBE Policy conflicts with federal, State or other funding source’s programs, policies, regulations or requirements, CMA shall make this SBE Policy consistent with said funding source’s programs, policies, regulations and requirements to the extent permissible by law.  This SBE Policy is neutral as to race, ethnicity, national origin, age, sex, religion, sexual orientation and other protected classes. 

III.             reporting participation

Pursuant to CMA’s SBE Policy, all entities contracting with CMA shall report SBE project participation to CMA in the form attached hereto as Exhibit A.  If an entity does not utilize an SBE on a CMA project, that entity shall report to CMA that no SBE was utilized and the reasons an SBE could not be utilized.  Such reports shall be prepared by the reporting entity on an annual basis (if the contract exceeds one year) or at the completion of the contract term (if less than one year).

EXHIBIT A

SBE PARTICIPATION REPORT

Name of Contractor _________________________________________

Cal. Gov. Code §14837.

(d) (1) "Small business" means an independently owned and operated business, which is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 100 or fewer employees.

13 CFR Part 121/201

These regulations set the standards for eligibility based on Size Standards by SIC Industry.  They are available on line at http://www.sba.gov/library/cfrs/13cfr121.pdf or from CMA.