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Disparity Study & MBE/WBE Program Overview Construction Advisory Committee November 10, 2020 . EDWARD CAMPOS, INTERIM DIRECTOR Objectives 2 PROVIDE A GENERAL OVERVIEW OF A DISPARITY STUDY HIGHLIGHT THE SMBR PROGRAM PROVIDE DETAILS REGARDING MBE/WBE REQUIREMENTS IN CONTRACTING What is a Disparity Study? 3  Examines the procurement history of a government agency during a specific time frame to determine if there is statistical and or anecdotal information to suggest that the agency’s past or current practices in the solicitation and award of contracts have been exclusionary, disparate or discriminatory in nature in the awarding of contracts to minority-owned, women‐owned, and disadvantaged business enterprises (MWDBEs). Why is a disparity study necessary? 4 Legally required to continue the City’s MBE/WBE Program. Assists with making recommended improvements to the MBE/WBE Program. Provides a legal defense regarding the City’s established MBE/WBE Goals. What are the legal requirements of a disparity study? 5 Analyze multiple years of data. Courts recommend at least 3 to 5 years. Analysis should be relative to specific industries: construction, professional services, commodities, etc. Disparity analysis should be inclusive of surrounding markets Balanced analysis of past and present industry and contract discrimination Collect and analyze data such as availability and utilization for both minority and non- minority firms as well as subs and primes. Broad analysis for availability, capacity and willingness of firms to participate on contracts. Collect and analyze anecdotal evidence 6 Disparity Study Contact Information Study information • http://austin.disparity-study.com • austin-study@mwbelaw.com • 855-692-3529 (855-MWBELAW) City of Austin Study Manager: • Tamela Saldana, DisparityStudy@austintexas.gov 7 Cert Type CY 2019 CY 2020 Certified Firms by Type (not number of firms) MBE WBE DBE/ACDBE ACDBE Only SBE 696 612 515 78 n/a TOTAL 1823 2119 8 730 635 514 88 152 Certified Firms by Ethnicity MBE Certifications by ethnicity Asian African-American Hispanic Native American Total CY 2019 119 195 *359 23 696 WBE Certifications by ethnicity Asian African-American Hispanic Native American Caucasian Total DBE/ACDBE Certifications Asian African-American Hispanic Native American Non Minority Female Total 38 84 127 5 357 612 52 110 180 9 164 515 29 CY 2020 123 215 371 21 730 45 89 133 4 364 635 54 114 180 9 157 514 SMBR Programs 10 MBE/WBE Procurement Program – local program Disadvantaged Business Enterprise (DBE) Program – federal program Airport Concessions DBE Program – federal program Each unique in the applicable laws Each program acts as a gatekeeper - pass/fail item on all procurements Goals set on trades/scopes of work associated with a specific project Majority of goal setting work supports the Capital Improvement Program One goal established for entire project Currently being revised for approval by the FAA Request for Qualifications – (RFQS) – goals established for Invitation for Bid (IFB) – goals established for entire design work solicitation Request for Proposals (RFP) – Best Value Procurement – goals may be established for the entire solicitation or specific components of the work Competitive Sealed Proposals (CSP) – Best Value Procurement – goals established for entire solicitation Design-Build (DB) – Best Value Procurement – goals are established for the design phase and another set of goals for the construction phase Construction Manager at Risk – Best Value Procurement – goals are established for various phases of the work COA Goal Setting Methodology 11 All COA’s procurements over the City Manager’s Authority are reviewed for goals except for: Procurements exempted from SMBR Program (M/WBE Rules Section 1.2) 1. COA sale of personal and real property 2. Loan transactions where COA is a debtor 3. Lease and franchise agreements 4. Agreements to use COA real property 5. Gifts to COA for material, equipment, supplies or services 6. Interlocal or intergovernment al agreements between or among political subdivisions 7. Sole Source Purchases 8. Public Heath and Safety Emergency Purchases Setting Goals 12  Contract Specific Goal Setting ▪ ▪ Solicitation document provides project overview Trade Summary Sheet identifies scopes of work ▪ Percentages reflect the anticipated amount of materials/supplies and services 13 Trade Summary 14 Goal Calculation Formula No. of Certified Vendors (Per Ethnicity) X % of Scope Total Vendors Compliance Determination 15 City of Austin MBE/WBE compliance determined under City Code 2-9(A-D)-21(E) Firms are compliant by: Meeting goals or Demonstrating Good Faith Efforts for any WBE or ethnic category where goals are not met (GFE) Counting Participation 16 Prime certified firms may count their own participation Firm must be certified by the City of Austin Firms are certified for commodity codes on Compliance Plan Every level of subcontractor participation may be counted toward the goals Dually certified firms are counted as either MBE or WBE but not both Post Award Contract Monitoring 17 Monitor contracts to assure MBE/WBE Program Compliance to include:  Monitor contracts to assure compliance plan goals are being met and MBE/WBE subcontractors/suppliers are being utilized  Reviews RFC changes to assure compliance and opportunities to MBE/WBEs on any new scopes of work where there is availability.  Reviews and process Subcontract SUBK Expenditure Reports  Reviews and process Contract Closeouts assuring MBE/WBE participation and payment  Assist with MBE/WBE- Prime subcontract issues 18 Questions?