MBEWBE/Small Business Enterprise Procurement Program Advisory Committee - March 12, 2024
MBEWBE/Small Business Enterprise Procurement Program Advisory Committee Regular Meeting of the MBEWBE/Small Business Enterprise Procurement Program Advisory Committee
REGULAR MEETING of the MBE/WBE and Small Business Enterprise Procurement Program Advisory Committee Tuesday, March 12, 2024 at 5:30 pm City of Austin Permit and Development Center 6310 Wilhelmina Delco Drive - Room 1215 Austin, Texas 78752 Some members of this MBE/WBE Advisory Committee may be participating by videoconference. PUBLIC PARTICIPATION GUIDELINES The public will be allowed to speak at the Advisory Committee meeting remotely by phone or in-person at the address listed above. To participate remotely, speakers must register in advance with the board liaison before the registration deadline. Public Communication: General The first 10 speakers will be allowed to speak on any topic that is not posted on the agenda. The Committee Chair will call upon speakers at the beginning of the meeting. A person may not speak at general communication more often than once out of every three regularly scheduled committee meetings. Public Comment on Agenda Items Members of the public may speak on any item posted to the agenda. Speakers will be called upon when this agenda item is taken up by the Committee Chair. How to Register to Speak Remotely All speakers are required to register for remote participation. Registered speakers will be allowed 3 minutes to speak by telephone only. The deadline to register is at 12:00pm on the day before the meeting. To register to speak, email the board liaison, Nakia James at nakia.james@austintexas.gov before the deadline. Once registration closes, the board liaison will send all speakers an email to confirm registration, provide instructions on speaking at the meeting, and the number to call in on the day of the meeting. How to Sign-Up to Speak In-Person Speakers that would like to address the committee in person will be allowed to sign up until 15 minutes before the start of the meeting. Speakers will be allowed 3 minutes to speak. The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please contact Nakia James at (512) 974-9108 or nakia.james@austintexas.gov for additional information; TTY users route through Relay Texas at 711. For more information on the MBE/WBE and Small Business Procurement Program Advisory Committee, contact Nakia James at (512) 974-9108 …
# 1 2 3 Prime SOW Subs Prime SOW Subs Prime SOW Subs Prime SOW Subs Prime SOW Subs Prime SOW Specialty Offshore, Inc. 96226 - Diving Services - 100% No subcontracting opportunities - Single scope of work Austin Alliance Group, LLC 91838 - Education and Training Consulting - 100% No subcontracting opportunities - Single scope of work Belfor USA Group, Inc. / Belfor Property Restoration 91024 - Fire And/Or Water Damage Restoration Services - 98% 9107366 - Restoration, Refurbishing, Maintenance And Repair, Tile - 2% No subcontracting opportunities - BuyBoard Cooperative Agreement Cotton Commercial USA, Inc. 91024 - Fire And/Or Water Damage Restoration Services - 98% 9107366 - Restoration, Refurbishing, Maintenance And Repair, Tile - 2% No subcontracting opportunities - BuyBoard Cooperative Agreement Mooring Recovery Services, Inc. / Mooring USA 91024 - Fire And/Or Water Damage Restoration Services - 98% 9107366 - Restoration, Refurbishing, Maintenance And Repair, Tile - 2% No subcontracting opportunities - BuyBoard Cooperative Agreement Eis Design, Inc. 91522 - Communication Marketing Services - 80% 9157355 - Outreach Services - 10% 91827 - Community Development Consulting - 10% Subs (FH) Taylor Collective Solutions, LLC (FW) Macwatson Enterprises, Inc. / Prographix (FB) Kara E. Henderson / Mindful Media, LLC Sourcing No Sourcing Name Category Contract Amount Prime MBE AA H A/NA WBE DBE Sponsor Department Council Date Goals Met Procurement Type Goals/No Goals MBE/ WBE Non Sub AMA1090 Underwater Diving Inspections Water and Waste NG $740,000 over 5 years Li Yang Austin Water 1/18/2024 N/A IFB-IDIQ FY2024 Council Awards Report January 2024 139221 Executive Leadership Training (Multi-Department) General Services NG $450,000 over 3 years Jackson Dodd 1/18/2024 N/A Austin Public Health Non-Professional Services 139165 Non-Construction Restoration and Remediation Services Facilities and Grounds NG Steven Stenton Financial Services 1/18/2024 N/A Cooperative Agreement $2,550,000 over 5 years each 4 AVB4007 Marketing Support for ACC Expansion Project General Services $1,200,00 over 6 years 2.16 SG MG 97.08 0.76 2.92 Elisa Folco Austin Convention Center 1/18/2024 Yes Non-Professional Services Percent of "Met Goal" Awards for FY2024 Percent of "Met Goal" Awards for FY24 To-Date 100.00% 100.00% B= African American/ Black W= Caucasian/White SG= Solicitation Goal UNK=Unknown Participation H= Hispanic/ Latino F= Female MG= Met Goal A/N= Asian/Asian/Native American M= Male GFE= Good Faith Effort PTD= Participation To Date Non-Sub= Subcontractor Not Certified MBE/WBE=Combined Goals Council Awards Report PAGE 1 OF 2 Solicitation No Cost Estimate Award Amount Prime MBE AA H A/NA …
City of Austin Disparity Study 2022 Colette Holt & Associates Adisa Communications Cultural Strategies, Inc. Pink Consulting Disparity Study Legal Standards ▪ In 1989, US Supreme Court held race- and gender-conscious programs are subject to “strict scrutiny”, the highest level of judicial review ▪ M/W/DBE programs must meet two tests • Agency must prove it has a “compelling interest” based on “strong” statistical and anecdotal evidence of current discrimination or the effects of past discrimination in using race or gender in decision- making • Any remedies must be “narrowly tailored” to the evidence relied upon and regularly reviewed 2 Recent Legal Developments ▪ USDA “socially and economically disadvantaged” farmers program under American Rescue Plan struck down by three trial courts and class status granted ▪ Priority for grants to small restaurants owned by “socially and economically disadvantaged” persons, women and veterans struck down ▪ Oregon’s COVID relief fund for Blacks and Colorado’s fund for MBEs challenged and enjoined 3 Disparity Study Objectives ▪ Provide a legal defense for a government program if the program is challenged ▪ Meet constitutional requirements ▪ Provide policy and program recommendations ▪ Educate policy makers and stakeholders about the legal and economic issues to build consensus 4 Disparity Study Data and Methods ▪ Quantitative data sources • City contract and vendor records • Contract information from prime vendors • M/W/DBE/HUB Directories • Hoovers/Dun & Bradstreet • U.S. Census Bureau • Scholarly research ▪ Qualitative data sources • Business owner and stakeholder interviews • Electronic survey • City staff 5 Disparity Study Elements ▪ Legal review and analysis ▪ MBE/WBE Program review ▪ Utilization, availability and disparity analyses • Determination of City’s geographic and industry • Determination of MBE/WBE utilization in these markets markets • Estimation of MBE/WBE availability in these markets • Calculation of disparity ratios ▪ Economy-wide disparity analysis ▪ Anecdotal data collection and analysis ▪ Recommendations 6 Disparity Study Findings: Utilization ▪ Study analyzed FYs 2013-2018 contracts $50,000 or greater • Final Contract Data File ▪ 1,002 prime contracts totaling $826,453,073.73 ▪ 842 subcontracts totaling $249,783,337.28 ▪ Geographic market • 19 counties with Austin, San Antonio, Dallas-Fort Worth and Houston metro areas captured 82.9% of the Final Contract Data File ▪ Product market • 204 NAICS codes in Final Contract Data File 7 Disparity Study Findings: Utilization ▪ City’s utilization of M/WBEs ▪ MBEs: 9.6% • Blacks: 1.7% • Hispanics: 5.8% • Asians: …
City of Austin Small and Minority Business Resources COA Goal Setting March 12, 2024 Edward Campos, Director Goal Setting Process • All COA solicitations with a projected value of $50K or greater are reviewed for project-specific goals • Project is assigned to a Business Development Counselor (BDC) for review and initial goal determination • Approval of determination based on complexity of procurement and recommendation of goal type • Final determination sent to Procurement Specialist/Contract Manager City of Austin | SMBR 2 What Documents/Tools do we use? • Solicitation document(s) provides project overview • Trade Summary Sheet identifies scopes of work o Minimum of at least 2 scopes of work o Minimum total of at least 3 certified MBE/WBEs • Percentages reflect the anticipated amount of materials/supplies/services/work involved in the project City of Austin | SMBR 3 Trade Summary City of Austin | SMBR 4 Goal Formula – eCAPRIS System City of Austin | SMBR 5 Project Specific Goal Calculation Why Would the City not establish goals on a project? • Exemptions to the MBE/WBE Procurement Program where goals cannot be established • Sole Sources, Cooperative Agreements, Critical Business Needs, Ratifications • Insufficient Scopes of Work • Minimum of 2 distinct scopes of work • Referenced project identified one scope of work • Insufficient Availability of MBE and WBE firms City of Austin | SMBR 7 City of Austin Small & Minority Business Resources Department Questions?
MBE/WBE and Small Business Enterprise Procurement Program Advisory Committee MEETING MINUTES The MBE/WBE and Small Business Enterprise Procurement Program Advisory Committee convened in a regular meeting on Tuesday, March 12, 2024. Members attended both virtually and in‐person at the City of Austin Permit and Development Center at 6310 Wilhelmina Delco Drive, Room 1215 in Austin, TX. CALL TO ORDER Committee Chair, Ahmed Moledina called the meeting to order at 5:39pm. COMMITTEE MEMBERS IN ATTENDANCE: In‐Person: Virtual: Ahmed Moledina (Chair) Lena Banks (Vice Chair), Amin Dhukka, Terry Mitchell, Julio Rojas‐Aguilar, Salman Rashid Erica Douglass, Talan Tyminski, TK Tunchez Absent: PUBLIC COMMUNICATION: GENERAL None APPROVAL OF MINUTES 1. Approve the minutes from the MBE/WBE Advisory Committee Regular Meeting on February 6, 2024. The minutes were considered for approval and approved on a motion by Committee Vice Chair, Lena Banks and seconded by Committee Member, Amin Dhukka. Approved on a 6‐0 vote. DISCUSSION 2. Overview of the 2022 Disparity Study by Colette Holt of Colette, Holt & Associates. The data and recommendations from the 2022 Disparity Study conducted by Colette, Holt & Associates were presented to the new members of the committee. 3. Overview of MBE/WBE Goal Setting by SMBR Acting Assistant Director, Felecia Shaw. SMBR Director, Edward Campos gave the presentation in Acting Assistant Director Shaw’s absence. The presentation outlined City’s process when establishing minority and women‐owned business goals on a project. STAFF BRIEFINGS 4. Briefing from the Director on initiatives related to SMBR. SMBR Director, Edward Campos briefed the Committee on the following: o SMBR will present to the City's Audit and Finance Committee on March 27th. The Committee will be updated on the Personal Net Worth process, status of work on the ordinance and rule revisions, and an overview of the annual procurement forecasts and annual aspirational goals. Page 1 of 2 Office. report. FUTURE AGENDA ITEMS Next Month’s Agenda: Future Items: o Presented some key information provided to the Boards and Commissions by the City Clerk’s 5. Briefing from the SMBR staff on the Council Awards and Certification Roll reports. SMBR Assistant Director, Tamela Saldana provided the updates on the Council Awards reports. SMBR Certification Division Manager, Elton Price provided the update on the Certification Roll Officer elections for Chair and Vice‐Chair Presentation on the development of the Annual Aspirational MBE/WBE Goals Staff briefings (Director’s updates and staff …
