Small and Minority Business Resources (SMBR) Procurement Program Overview Presentation — original pdf

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City of Austin Small and Minority Business Resources Zero Waste Advisory Commission SMBR M/WBE Procurement Program Overview August 10, 2022 Felecia Shaw, Acting Assistant Director Objectives Provide a general overview of SMBR Provide an overview of MBE/WBE goal setting process Post-Award Contract Monitoring Program Violations Q&A City of Austin | SMBR 2 Small and Minority Business Resources Department City of Austin | SMBR 3 Small and Minority Business Resources Overview • Administers the MBE/WBE, DBE and ACDBE Programs by: • Certifying businesses that meet eligibility criteria • Monitoring utilization of certified firms on City contracts • Providing resources • Workshops/Training • Webinars • Meeting with local minority and women service trade organizations • Educating Internal/External Stakeholders on program requirements (Pre-Award and Post-award) COA Goal Setting Overview § 2-9(A-D)-19 Establishes Contract Specific Goals • SMBR reviews solicitations from the Purchasing Office for procurements with a value of $50K and greater that are competitively bid. • Exceptions: Interlocal Agreements Solicitations exempted from M/WBE Program (SMBR M/WBE Rules Section 1.2) Pre-Award: Setting Goals Overview City Project Manager – Works with Sponsor to define SOW and develops Trade Summary. Trade Summary Sheet identifies scopes of work and commodity codes Scope percentages reflect the anticipated amounts of materials/supplies and services. SMBR reviews project details including the estimate, trade summary, and MBE/WBE availability to establish goals. Each solicitation has a Compliance Plan with a subcontractor vendor list (“availability list”) of certified MBE/WBEs. The availability list is based on the trade summary. SMBR Solicitation Review SMBR rep reviews scope of work and potential subcontracting opportunities Review Trade Summary (eCAPRIS) Review M/WBE Availability 3 MBEs or 3 WBEs in scopes Review previous or similar contract history Assures all scopes are included from the scope document Minimum two scopes of work Previous goals assignment Previous utilization Goal Assignment Ethnic Specific Goal  African American  Hispanic  Native/Asian American  Women Aggregate Goals  MBE & WBE Goal Combines African American, Hispanic, & Native/Asian American percentages; separate goal for Women  Combined MBE/WBE All groups combined. Compliance Determination City Code 2-9(A-D)-21(E) •Firms are compliant by: •Either meeting the goals as established in the solicitation OR; •Demonstrating Good Faith Efforts for any ethic category where goals are not met (GFE). Minimum Requirements to Achieve Good Faith Efforts (GFE) • Notify Certified Firms via fax, e-mail, mail or • Publish notice in a local publication (i.e., phone at least 7 business days prior to submission of bid/proposal newspaper, trade association publication, or social/electronic media) • Follow up with interested MBE/WBE firms • Negotiate in good faith with interested MBEs and WBEs • Select portions of work that will increase MBE/WBE opportunities • Seek services of trade associations and other minority and women community organizations • Contact SMBR for assistance No Goal Solicitations •No Goals may be determined on a contract due to: •insufficient or no “certified firm” availability or •insufficient or no subcontracting opportunities on a contract. •In addition to "No Goals," some contracts are exempt from SMBR review by state and local law (i.e., certain sole source contracts, health and safety contracts, legal services contracts, emergency contracts, etc.) Ref: Local Government Code 252.022 for a complete Post-Award Compliance Activities Following Council award, the MBE/WBE Procurement Program applies to: • Pre-Construction & Kick-Off Meetings • SMBR representative discusses MBE/WBE Program requirements • Subcontractor Expenditure Reports (SUBK) • Prime Contractor/Prime Consultant submission of expenditure reports in conjunction with Pay Applications • Request for Change of Compliance Plan (RFC) • Required for any changes to Compliance Plans (Addition, Substitution, Deletion & Contract Changes +/-) • M/WBE Close-Out Report • As part of contract close-out process, confirmation that all subs have been utilized, accuracy of Original Contract amounts, Contract Change amounts, Payment amounts and Retainage. Program Violations • Utilization of subcontractors without SMBR approval • Using non-certified subcontractors on No Goal Projects without performing GFE • Failing to meet contractual goals or subgoals at contract close-out without justification Program Violation Impacts The Consultants/Contractors • Bidding on future City Projects • Performance Evaluation Scores (Consultant and Contractor Performance Evaluation Program) The Project Managers • Increased MBE/WBE focused trainings City Staff Performance Measures Contact Information Felecia Shaw, Acting Assistant Director Small & Minority Business Resources Felecia.Shaw@austintexas.gov (512) 974-6017 For general program and compliance questions – SMBRComplianceDocuments@austintexas.gov City of Austin Small and Minority Business Resources Questions