Small Business Policies Overview. Yovannie Rodriguez, Esq. Legal Counsel

Transcription

1 Small Business Policies Overview Yovannie Rodriguez, Esq. Legal Counsel

2 Presentation Outline 1. Minority and Women Business Enterprises Program 2. Local Developing Business Program 3. Disadvantaged Business Enterprise Program 4. Airport Concessions Disadvantaged Enterprise Program 5. Service Disabled Veteran Owned Business Enterprise Program

3 Minority/Women Business Enterprise ( M/WBE ) Policy Policy: That businesses owned and controlled by socially and economically disadvantaged individuals have the maximum opportunity to participate in the performance of contracts lending themselves to participation. Requirements: Must be at least 51% owned and controlled by Persons who are African Americans, Hispanic Americans, Asian- Pacific Americans, Native Americans, women, or other such individuals who are able to establish by a preponderance of the evidence that they are socially and economically disadvantaged.

4 Minority/Women Business Enterprise ( M/WBE ) Policy Current Overall M/WBE Participation Goal: 17% Available Assistance: Instructions about the Authority s bid and proposal specifications; Instructions about the Authority s procurement policies and general bidding requirements; and Local newspapers and direct contact methods to advertise and market the Authority s ongoing efforts to achieve M/WBE goals and keep the public informed of current procurement needs and future plans.

5 Local Developing Business ( LDB ) Policy The Authority designed this program to: Promote the development of local businesses; Ensure the availability of firms to compete for work at Authority facilities; Promote the economic vitality and employment opportunities in the Orlando Standard Metropolitan Statistical Area ( SMSA ), which includes Orange, Seminole, Osceola, and Lake counties; and Seek to provide full and equal business opportunities to all local developing businesses in construction contracting, procurement, and professional services.

6 Local Developing Business ( LDB ) Policy Requirements: Must be an active operating business domiciled in the SMSA; That meets the Revenue Limitations/Gross Profit Limitation; and Construction - $5M in annual gross revenues averaged over preceding 3 years Professional Services - $2M in annual gross revenues averaged over preceding 3 years Goods and Services that are not Professional Services - $2M in annual gross revenue averaged over the preceding 3 years Concessions - $7.5M in annual gross revenue averaged over the preceding 3 years Must be at least 51% owned or controlled by one or more individuals whose personal net worth does not exceed $750,

7 Local Developing Business ( LDB ) Policy Direct Contracts The Authority may increase LDB participation by direct contracts exclusively for LDB participation for concessions and nonfederally funded construction, goods and services procurement, and professional services. Current annual goals: Non-federally funded construction: 2.5% Procurement: 1.7% Professional Services: 1.7% Concessions: as designated by the Authority

8 Disadvantaged Business Enterprise ( DBE ) Policy The DBE Program is federally required pursuant to 49 CFR Part 26. Policy: To ensure that DBEs have an equal opportunity to receive and participate in DOT-assisted contracts awarded by the Authority.

9 Disadvantaged Business Enterprise ( DBE ) Policy Requirements: Must be a for-profit business that is at least 51% owned and operated by one or more individuals who Have a personal net worth that does not exceed $1.32M; and Are Black Americans, Hispanic Americans, Native Americans, Asian- Pacific Americans, Subcontinent Asian Americans, Women or any additional groups whose members are designated as socially and economically disadvantaged by the federal Small Business Administration. Legal consequences for fraud in certification and lack of utilization by airports

10 Disadvantaged Business Enterprise ( DBE ) Policy Current Overall DBE Goal: 16% The Authority s Office of Small Business Development staff is here to: Ensure nondiscrimination at time of award and during the administration of DOT-assisted contracts; Create a level playing fields on which DBEs can compete fairly; Ensure that only firms fully meeting 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; Help remove barriers to the participation of DBEs; and Assist the development of firms that can compete successfully in the market place outside the DBE Program.

11 Airport Concessions Disadvantaged Business Enterprise ( ACDBE ) Policy The ACDBE Program is federally required pursuant to 49 CFR Part 23. Policy: To ensure that ACDBEs have an equal opportunity to receive and participate in DOT-assisted contracts awarded by the Authority.

12 Airport Concessions Disadvantaged Business Enterprise ( ACDBE ) Policy Requirements: Must be a concession that is a for-profit business that is at least 51% owned and operated by one or more individuals who Have a personal net worth that does not exceed $1.32M; and Are Black Americans, Hispanic Americans, Native Americans, Asian- Pacific Americans, Subcontinent Asian Americans, Women or any additional groups whose members are designated as socially and economically disadvantaged by the federal Small Business Administration.

13 Airport Concessions Disadvantaged Business Enterprise ( ACDBE ) Policy Current Overall Non-Car Rental ACDBE Goal: 27.5% The Authority s Office of Small Business Development staff is here to: Ensure nondiscrimination at time of award and during the administration of concessions; Create level playing fields on which ACDBEs can compete fairly; Ensure that only firms fully meeting 49 CFR Part 23 eligibility standards are permitted to participate as DBEs; Help remove barriers to the participation of ACDBEs; Provide appropriate flexibility to the Airport in establishing and providing opportunity for ACDBEs; and Assist the development of firms that can compete successfully in the market place outside the ACDBE Program.

14 Service Disabled Veteran Owned Business Enterprise ( SDVOB ) Policy This program is designed to: Promote the development of businesses owned and operated by Service Disabled Veteran individuals; Ensure opportunities for these firms to compete for work at the Authority s facilities; Promote economic vitality; Enhance employment opportunities in the State of Florida; and Provide full and equal business opportunities to all SDVOBEs in the Authority s construction contracting, procurement, and professional services.

15 Service Disabled Veteran Owned Business Enterprise ( SDVOB ) Policy Service-Disabled Veteran is an individual who served in any branch of the United States Armed Forces as determined by the United States Department of Veteran Affairs or who has been terminated from military service by reason of disability by the United State Department of Defense both as evidenced by official discharge documentation and who has, at a minimum, a service related disability as noted on official discharge documents of 10%.

16 Service Disabled Veteran Owned Business Enterprise ( SDVOB ) Policy Requirements: Must employ 200 or fewer employees; Must be organize to engage in commercial transactions; Must be domiciled in the State of Florida; and Must be at least 51% owned and managed on a daily basis by one or more Service-Disabled Veterans or, for a Service-Disabled Veteran having a permanent and total disability, by a spouse or permanent caregiver of the veteran. Personal Net Worth Limitation: $750, Revenue Limitations: Construction - $5M in annual gross revenues averaged over preceding 3 years Professional Services - $2M in annual gross revenues averaged over preceding 3 years Goods and Services that are not Professional Services - $2M in annual gross revenue averaged over the preceding 3 years Concessions - $7.5M in annual gross revenue averaged over the preceding 3 years

17 Service Disabled Veteran Owned Business Enterprise ( SDVOB ) Policy Direct Contracts The Authority may increase SDVOBE participation by direct Contracts exclusively for SDVOBE participation for concessions and non-federally funded construction, goods and services procurement, and professional services on a project by project basis. Current annual goals: Non-federally funded construction: 2.5% Procurement: 1.7% Professional Services: 1.7% Concessions: as designated by the Authority

18 Questions?