Mississippi Administrative Code › Title 28 - Ports and Airports › Part 309 - Mississippi State Port Authority's Section 3 Plan Port Restoration › MSPA Section 3 Employment & Contracting Goals

Current through June 25, 2024
The MSPA has set minimum numerical goals for the Project to
				ensure that, to the greatest extent feasible, economic opportunities are
				provided to Section 3 residents and Section 3 business concerns. The Port
				Authority's current minimum Section 3 goals are as follows:
* Employment: Thirty percent (30%) of the aggregate number of
				new hires during each year of the project;
* Contracting: (a) At least ten percent (10%) of the total
				dollar amount of all Section 3 covered contracts for public construction, and
				(b) At least three percent (3%) of the total dollar amount of all other covered
				Section 3 contracts to eligible Section 3 business concerns.
The goals established by this section apply to the entire
				amount of Section 3 covered assistance under the Project. The Port Authority
				will further ensure that, to the greatest extent feasible, its Contractors
				and/or Subcontractors provide training, employment and contracting
				opportunities to Section 3 residents and Section 3 business concerns. The
				Compliance Officer will be responsible for reviewing the new hire clause with
				Contractors and Subcontractors to ensure that the requirement is understood. It
				is not intended for contractors and subcontractors to terminate existing
				employees, but to make every effort feasible to employ Section 3 program
				participants before any other person, when hiring additional employees needed
				to complete proposed work to be performed with HUD funds.
Contractors:
* Shall incorporate the Section 3 Clause (Appendix A) in their
				contracts and subcontracts.
* Shall submit a Section 3 Project Plan (substantially in the
				form set forth in Appendix B), Section 3 Hiring Plan (substantially in the form
				set forth in Appendix C) and Section 3 Subcontracting Plan (substantially in
				the form set forth in Appendix D), if applicable, with their proposals
				detailing the estimate of the number of employment and/or subcontracting
				opportunities to be generated by the initial contract, for approval in
				accordance with the MSPA's Section 3 Plan and shall incorporate and implement
				such plans in connection with their contracted activities. The Contractors'
				plans must be reflective of the MSPA's Section 3 goals.
* Shall document and report all efforts made toward the
				implementation and achievement of goals contained with their approved Section 3
				Project Plan and Section 3 Hiring Plan, including detailed narratives of all
				interviewing, hiring and training activities. Contractors shall maintain
				records documenting such activities to be made available for monitoring and
				compliance reviews.
* Shall along with supporting documentation submit the Section
				3 Business Certification (substantially in the form set forth in Appendix E) in
				connection with the retention or certification of any Section 3 business
				concerns.
* Shall, as applicable, submit the Section 3 Resident
				Certification (substantially in the form set forth in Appendix F) along with
				supporting documentation in connection with the interviewing, training or
				hiring of any Section 3 resident. Copies of all supporting documentation shall
				be maintained by contractors and available for monitoring and compliance
				reviews.
* Shall, on a monthly basis, timely submit to the MSPA all
				required Section 3 Reports, including the Section 3 Status Report
				Hiring/Subcontracting Activity form (substantially in the form set forth in
				Appendix G) to MSPA and the Section 3 Project Summary Report (substantially in
				the form set forth in Appendix H).
* Shall, if applicable, demonstrate and document to the
				satisfaction of the Compliance Officer why meeting the Section 3 numerical
				goals was not feasible for Contractor or its Subcontractor(s).
* Shall report their employment opportunities to the Compliance
				Officer or its designee. Contractors shall post all employment opportunities
				with the MS WIN Job Center and shall review the MS WIN Job Center job-seeker
				postings provided prior to filling any position for the Project.
* Shall perform such other Section 3 compliance activities as
				may be reasonably requested by the Port Authority.
Subcontractors
* Shall incorporate the Section 3 Clause in their contracts and
				subcontracts.
* Shall submit a Section 3 Hiring Plan and Section 3
				Subcontracting Plan along with supporting documentation to their respective
				Contractors for submission to and approval of the MSPA. Subcontractors shall
				incorporate and implement such plans in connection with their contracted
				activities. The Subcontractor's plans must be reflective of the MSPA's Section
				3 goals.
* Shall document and report all efforts made toward the
				implementation and achievement of goals contained within their approved Section
				3 Hiring Plan and Section 3 Subcontracting Plan, including detailed narratives
				of all interviewing, hiring and training activities. Subcontractors shall
				maintain records documenting such activities to be made available for
				monitoring and compliance reviews.
* Shall, as applicable, submit the Section 3 Business
				Certification in connection with the retention or contracting of any Section 3
				business concern and the Section 3 Resident Certification along with supporting
				documentation in connection with the interviewing, training or hiring of any
				Section 3 resident. All supporting documentation shall be maintained and
				available for monitoring and compliance reviews.
* Shall, on a monthly basis, timely submit to the Contractor
				for submission to the MSPA, all required Section 3 Reporting Forms, including,
				but not necessarily limited to, the Section 3 Status Report
				Hiring/Subcontracting Activity form.
* Shall report their employment opportunities to the Compliance
				or its designee. Subcontractors shall post all employment opportunities with
				the MS WIN Job Center and shall review the MS WIN Job Center job-seeker
				postings provided prior to filling any position for the Project.
* Shall perform such other Section 3 compliance activities as
				may be reasonably requested by the Port Authority.
Port Authority
The Port Authority recognizes that the ultimate responsibility
				for compliance with the Port Authority's Section 3 Plan rests with the Port
				Authority, including, but not limited to responsibility for any tasks which are
				performed by a designee of the Port Authority, the Compliance Officer or both.
				In recognition thereof, the Port Authority will: " Establish and maintain the
				roles of the Compliance Officer, or its designee, who shall have primary
				responsibility for assuring that the Section 3 implementation procedures are
				consistently carried out.
* Incorporate the Section 3 Clause and Section 3 Forms in all
				solicitations and bidding documents.
* Require the submission of Section 3 Plans for review and
				approval by the Compliance Officer prior to the commitment by the Port
				Authority of any funding to Section 3 Covered Projects.
* Conduct meetings with Contractors to discuss the review of
				Section 3 Plans and Forms of the Contractors and their Subcontractors.
* Require approved Section 3 Plans and Forms to become a part
				of the set of contractual documents.
* Require Contractor's and Subcontractor's submission of a
				periodic Section 3 Reports for review prior to award for compliance.
* Regularly conduct compliance monitoring of all contracts
				which embody Section 3 plans. The Port Authority shall, no less than two (2)
				times per year, review with Contractors to perform a comprehensive analysis of
				compliance by each Contractor.
* Regularly conduct compliance monitoring of all supporting
				documentation for data submitted by Contractors and Subcontractors.
* Hold workshops, as necessary, on the Port Authority's Section
				3 Program.
* Prepare and submit reports to MDA and HUD (as set forth
				below) on the Section 3 Program results. All supporting documentation will be
				maintained by the Port Authority for compliance and monitoring reviews.
* The Compliance Officer or its designee will work with the
				Mississippi Department of Employment Security to provide the Contractors and
				Subcontractors with a list of qualified job seekers.
* Shall perform or establish any such other activities or
				policies which the Port Authority deems prudent or necessary in order to
				achieve the successful implementation the Port Authority's Section 3
				goals.