Thursday, February 27, 2014

Pre-Submittal Meetings - more compliance matters

Next Thursday, I am slated to present to interested contractors that will be submitting qualification documents and bids to the Streets Department on an upcoming contract.

My job is to communicate better than clearly to these folks what their obligations are as they pertain to the DBE outreach efforts and commitments. As I mentioned in my last post - any project that is funded by the federal government MUST utilize DBE firms on subcontracting opportunities where there is an availability of certified firms to perform some scope of work.

This is how EOD does their due diligence in communicating with bid submitters on projects so that they are NOT deemed non-responsive. After my delivery of information, I also have a one-page summary of the requirements, along with my direct contact information, should there be any question as to the instructions I've just provided.

All of this communication and, unfortunately, I almost inevitably will receive documentation that will be deemed non-responsive.

Back to the communication drawing board....

Bid Verifications & FHWA Mandates

Another duty of mine is ensuring that our customer departments (Water Services, Street Transportation, etch.) are in compliance with federal mandates as they pertain to the Disadvantaged Business Enterprise program.

If a project is funded with federal dollars, sub recipients like the City of Phoenix are mandated to find DBE certified firms to participate in available subcontracting work, provided there are firms available within the project's scope of work (i.e., asphalt, paving, landscaping, etc.).

A part of this requirement involves paperwork. Paperwork, paperwork, paperwork!!! I DROWN in paperwork on some days. Okay, it's not really physical PAPER, but today for example, Streets sent me a bid verification submittal that was 132 pages long!!

I got the email, which basically included the qualifications submittal of four contractors responding to this bid. They have to provide the EOD with documents that tell us: 1) WHO of the pool of DBE subcontractors they solicited to participate on the contract IF they are awarded the job; 2) HOW they communicated the scopes of work and project details; 3) the outcome of this outreach (no response, received a Letter of Intent to perform with cost breakdown; and finally 4) WHAT percentage of the work they are committing to DBE firms.

So, I have to read through 132 pages and make a determination of EACH submitter's "responsiveness" to the DBE portion of the qualifications submittal. This is HUGE. Let's say, a contractor bid the lowest price and has the most experience of four submitters. If they do not include ALL of the required information for the DBE portion - NON-RESPONSIVE! Boom! They're out of the running.

It's a pretty big deal.

SBE/DBE Certified Firms and Annual Updates

The Equal Opportunity Department administers the SBE/DBE program, including certification and contract compliance matters. There are nearly 700 certified firms and once every year, the owners are required to submit information to EOD so that we may ensure continued eligibility. Because of budget cuts, staff movement and shortages - only one person performs the initial audit of this information - me.

So, every morning, when I start up my PC and open my email account and the Certification and Compliance System program, I have about 20 emails and about 15 new Annual Update or 5-Year Renewal applications to review. Each application takes about 10 minutes to conduct a preliminary review and ensure all of the required items have been received.

I know, this probably sounds like the most burning post EVER, but this is my job. I conduct preliminary reviews of applications electronically submitted by our (nearly 700) certified firms. THEN, if the application is incomplete, which nine times out of ten - IT IS, I have to draft an email to the applicant requesting all of the items that are missing. I give them FIVE business days and, nine times out of ten  - THEY DON'T RESPOND within five days. THEN, I have to make a phone call and give them MORE time to get in the information - this is all very frustrating.

I understand that there are business owners who are older and aren't as internet-savvy as others, but if that's the case, they should delegate any work that requires them to navigate systems like ours.

At first I thought it was just a matter of communicating more clearly, but there were about FIVE training sessions held when the system was initially implemented a couple of years ago, and it just seems like small business owners may not have the time or resources to learn how to use it. This I understand, and so it seems I must go back to the drawing board and figure out a more efficient way of getting these applicants to do it right the first time.

Thursday, February 13, 2014

SBE Certification Workshops

Yesterday was the first of four quarterly SBE Certification Workshops that are held by the Equal Opportunity Department. This is my responsibility at the moment, I've been doing it since last November, and I absolutely love presenting! It's a two-hour workshop that basically covers the purpose and the benefits of the City's SBE Program.

My husband laughs because he works for a self-enterprise department and any presentations given are "set-up" by the User Techs, who get the equipment, projector, power point ready for the presenter. Well, I do this job IN ADDITION to presenting. I arrive about thirty minutes early, set up my laptop, projector, plug in my USB flash drive and I'm ready to go!

Business people begin to arrive early and I spark up a conversation about what they do and how it may benefit the City for them to get certified. I love interacting with new people and getting to know people.

After my presentation, it feels good to have given information that is valuable and useful to these small business owners. To see the light of hope in their eyes that this program could mean the success of their venture, feels so rewarding.

If you know anyone who owns a small business in Maricopa County, please have them call me at (602) 262-6790 for information on the application process.

A Day in the Life of an EOPA

Each morning I begin my day (Monday thru Friday) at 8:00. I have my own office because the information that I work with is highly sensitive, containing personal financial as well as pre-award contract information (bid submittals, proposals, etc.). The first thing I do is check my email for any new assignments or customer service concerns.

 My customers are my supervisor (EO Program Coordinator), the EO Deputy Director, EO Management Assistant II, four EO Specialists, any one of the City's 34 customer departments, SBE/DBE subcontractors and prime contractors working on current projects that have SBE/DBE subcontractor participation goals.

Once I answer any outstanding voice mails or emails, I start by processing any incoming new SBE/DBE certification applications or Annual Update applications. Applications are submitted via an electronic we portal, the Certification and Compliance System (https://phoenix.diversitycompliance.com/Default.asp?), where information is typed into application fields and documents must be electronically uploaded. New applications take considerably more time than Annual Updates because all of the information about the applicant firm must be reviewed for the first time. Annual Update applications are submitted by certified firms once a year, to ensure that the firm is still eligible to participate in the program. I devote about two hours of my day to this task

At about 10:00 I take a 15-minute break, run to Starbucks for some coffee (or some MORE coffee) and come back to my office.

If I don't have any meetings scheduled or presentations to facilitate, I get started on Contract Compliance work. This work consists of entering new contracts into the system and monitoring contracts for prime contractor payments to SBE/DBE subcontractors. The money that the City pays to prime contractors should be filtered down to SBE/DBE subs, and the system automatically tracks the progress and status of this contract activity. Only when a sub hasn't been paid or hasn't confirmed payment do I get involved to facilitate communication between parties. I also oversee preliminary documents on contracts and projects pre-award. This entails attending pre-bid, pre-construction or pre-submittal meetings to communicate with everyone involved on the project what EOD's expectations are to avoid sanctions and penalties.

I take an hour lunch, sometime between 12:00 and 1:00p.m., and then it's back to work.

Sometimes EOD will get requests from customer departments, like Streets or Water, for example, for bid verification and this entails my review of the documents that were turned into the customer department from all of the submitters who are interested in being the prime contractor for a project. This documentation basically tells EOD which small businesses the submitter has reached out to for subcontracting opportunities and what percentage of dollars the prime is committing to spend on those businesses selected to do the work.

That pretty much sums up a typical day that ends at 5:00p.m., but no day truly typical in my line of work.

City of Phoenix, Equal Opportunity Department

I work for the City of Phoenix in the EO Deptarment. There are only two Divisions of the department, each made up of two Sections. I am currently the Programs Assistant to TWO Sections of the Business Relations Division: the Contracts Compliance Section and the SBE/DBE Certification Section. The other Division, Compliance and Enforcement, is made up of the Fair Housing and Equal Employment Sections.

The mission of the EOD is to ensure equal opportunity in housing, employment, accessibility and accommodation, and economic opportunity for small and disadvantaged businesses in Phoenix. The Compliance and Enforcement team takes complaints of discrimination in housing and employment, as well as ADA issues like accessibility and disability discrimination. EO Specialists are assigned to investigate complaints of discrimination and act as mediators between landlord and tenant or employee and employer. They also act as mediator to the disabled community. In Business Relations, EO Specialists process applications from small business owners seeking Small and/or Disadvantaged Business Enterprise Certification. This certification enables business owners to participate in contracts where a percentage of funding for the project is dedicated to them. The EOS determines eligibility and attends appeal hearings on application denials or certificate removals. The EOS in Contract Compliance ensure that the participants (prime contractor and SBE/DBE subcontractor) are meeting their contractual obligations as they pertain to the EO Department's SBE/DBE requirements.

My job as EOPA is to support the EO Specialists and Program Coordinator in processing applications and facilitating the process of ensuring contract compliance with local and federal regulations. I report to the BRD Program Coordinator and this person is responsible for delegating and reviewing my work. It is rewarding work, knowing that what I do is helping small businesses in the community to grow and expand their business.