MONITORING PAYMENTS TO SMALL M/WBE FIRMS
To ensure that the Prime Contractor meets all Small M/WBE obligations under contract, TCCD will review the Contractor’s Small M/WBE involvement during the life of the contract.
The Prime Contractor will submit invoices monthly or as designated by the contract documents. TCCD will pay approved invoices or payment requests within thirty (30) calendar days. The Prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance in accordance with requirements of the subcontract. TCCD may require written notification when payment has been sent to the Subcontractor (refer to Proof Of Payment Certification Form in Section 21).
Concurrently, with the submission of each invoice or payment request, the Contractor will provide a breakdown of the amounts previously paid to all Small M/WBE firms identified by the Contractor to participate in the contract. Prime Contractors will submit a Vendor Payment Report Form with all supporting documents (see Vendor Payment Report Form in Section 21).
The Vendor Payment Report Form will also be utilized for partial payments to Subcontractors for construction or Subconsultants for professional services. (Note: The information reflected in this report will be utilized to provide monitoring of payments made to Small M/WBE Subcontractors in relation to the percentage of work performed.)
Compliance monitoring may include on-site inspections for verification of Small M/WBE Subcontractors that are listed on the Intent To Perform As A Subcontractor Form (refer to Intent To Perform As A Subcontractor Form in Section 21). The Offeror/Contractor is responsible for providing TCCD, if requested, a work schedule with a list of all Subcontractors for the scheduled work. This will also assist in scheduling on-site compliance reviews.
TCCD may withhold all or part of any payments due to the Contractor, if the Contractor fails to make prompt payments to its Subcontractors, Suppliers, and Material Vendor as provided in the Contract.
All reports of noncompliance will be referred to the Director of Purchasing, and if appropriate, to TCCD’s legal counsel for review.
In order to monitor the progress of its Small M/WBE Program, TCCD may maintain a record-keeping system designed to:
Assess Small M/WBE use on all TCCD contracts and subcontracts.
Identify and monitor Prime Contractor’s and Subcontractor’s Small M/WBE inclusion and utilization.
Identify and list certified Small M/WBE firms. The list and timely updates will be available to all TCCD Bidders/Proposers and Contractors in their effort to meet Small M/WBE requirements.
On a monthly basis, TCCD will monitor TCCD’s progress and performance in achieving the Small M/WBE quality and quantity goals. Reviews will take place on a quarterly and annual basis (or as outlined in active prime contract agreements).