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Review of Orange County M/WBE Certification Process. Lloyd W. Fernald, D.B.A. Professor Emeritus University of Central Florida. Overview. Findings & Recommendations Staffing & Processing Standards M/WBE Ordinance Provisions Policies & Procedures Manual

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Lloyd w fernald d b a professor emeritus university of central florida

Review of Orange County M/WBE Certification Process

Lloyd W. Fernald, D.B.A.

Professor Emeritus

University of Central Florida


Overview
Overview

  • Findings & Recommendations

    • Staffing & Processing Standards

    • M/WBE Ordinance Provisions

    • Policies & Procedures Manual

    • Processing Statistics & Comparisons

    • Processing Delays

    • Causes for Denial

    • Forum Comments

    • Recommendations

    • Conclusions


Staffing processing standards
Staffing & Processing Standards

Applications Received

Backlog caused by venues:

New Arena, Performing Arts, Citrus Bowl

Percentage Processed within 60 days


M wbe ordinance provisions
M/WBE Ordinance Provisions

  • “A business acting or that will act as broker, front, conduit, or pass-through shall not be certified or re-certified as an M/WBE…”

  • Minority Programs Historical Perspective

  • “Contract awards will count towards M/WBE subcontract participation only for subcontractors who are certified in a specific line of work or business for which a defined scope of work is sought at the time of bid or proposal opening.”


M wbe ordinance provisions1
M/WBE Ordinance Provisions

  • At Least 51% Ownership/ Actual Day-to-Day Management & Control

  • Operates Separately From Non-Minority or Woman-Owned Firm

  • Located in Relevant Market Area: Orlando MSA

  • Legally Organized

  • Demonstrates Capability to Perform Specific Line of Business/Provides Commercially Useful Business Function

  • Net Worth < $750K* *Revised to $2.3M on 8/26/09


M wbe ordinance provisions2
M/WBE Ordinance Provisions

  • Roles of the M/WBE Advisory Committee:

    • Provide Advice to Compliance Officer and Board

    • Act As Appeals Committee *

  • Appeals Committee Deficiencies:

    • Lack of Formality (Structure, Procedure, Responsibilities)

    • Membership Criteria/Training/Oversight?

    • Meeting Cancellations

      *As Provided for in Certification Guidelines Implementing this Ordinance and Other Policies


Policies procedures manual
Policies & Procedures Manual

  • Implements the Ordinance

  • Comprehensive & Detailed

  • Currently Being Updated

  • County Attorney Legal Review


Processing statistics and comparisons
Processing Statistics and Comparisons

  • Compared Statistics with:

    • City of Orlando

    • Miami-Dade County

    • Palm Beach County

    • State of Florida

  • Processing Goals Vary from 30 - 90 Days

  • Annual Approval Percentage 75% to 85% Average for All Agencies


Processing delays
Processing Delays

  • Major Causes for Delays in Processing:

    • Staffing/Outside Contractor

    • Failure by Firm to Submit

      • Financial Information

      • Articles of Incorporation and/or Organizational Structure

      • Other Documentation

    • Verifying That Firm is

      • “Owned” by Minority or Woman

      • Capability /Location


Causes for denial
Causes for Denial

  • Major Causes for Denial:

    • Submission Lacked Required Documentation

    • Determining Business Ethnicity/Ownership

    • Not in Orlando MSA

    • Lacked Capability/Qualifications

  • Review Confirmed Validity of Denials


M wbe forum comments
M/WBE Forum Comments

  • Three Most Common Suggestions:

    • Omit Qualifications/Capacity to Perform a Specific Line of Business

    • Reciprocity Between Government Organizations

    • Be More Proactive in Helping Firms Actually Obtain Contracts

  • Also Mentioned:

    • Eliminate Verification of Business Location

    • Need to Streamline/Simplify Process


Staffing recommendations
Staffing Recommendations

  • Current Staffing is Marginally Adequate

    • Senior Contracts Administrator

    • Compliance Officer

    • Program Specialist (Part-Time Clerical)

    • Train Other Staff to Perform Certification Duties


Processing standards recommendations
Processing Standards Recommendations

  • Continue Current Processing (Time Frame) Standard

  • Workshops:

    • Hold More Frequently

    • Post Videotape Workshops on Website

    • Mandatory Attendance Prior to Application

  • Active in Business Minimum of Six Months


M wbe procedures manual recommendations
M/WBEProceduresManual Recommendations

  • Update the Current Procedures Manual

  • Adopt the October 2009 Draft Procedures Manual as an Administrative Order, or

  • Approve Manual and Change Ordinance to Authorize the Compliance Officer “to Act as Provided for in Certification Guidelines Implementing this Ordinance and Other Policies”


M wbe advisory committee recommendations
M/WBE Advisory Committee Recommendations

  • Advisory Committee Should Fulfill its Advisory Role Function

  • Improve Attendance of Committee Members at Meetings

  • Establish Separate M/WBE Appeals Committee with Voting members Comprised Entirely of Certified M/WBE Firms


Qualifications and ability to perform market area recommendations
Qualifications and Ability to Perform/Market Area Recommendations

  • Continue Requirements:

    • Qualifications and Capability to Perform a Specific Line of Business

    • Certifying Only M/WBEs within Local Area (OMSA)


Reciprocity recommendation
Reciprocity Recommendation

  • Differing Requirements Among Various Agencies:

    • OMSA

    • Net Worth

    • Qualifications and Capability to Perform

  • Schedule Review After Majority of Approved Recommendations are Completed


Simplification and streamlining recommendations
Simplification and Streamlining Recommendations

  • Continue Current Efforts to Improve Web Site

    • Application Status Log

    • “FAQ” Section

    • “What’s New” Section

    • “M/WBE of the Month” Section

  • Review Web Site on a Monthly Basis

  • Favorably Consider Adoption of an Interactive Certification Application Process


Conclusions
Conclusions

  • Processing Time Adversely Affected by Sudden Increase in Applications

  • Ordinance and Manual Essentially Effective

    • Retain Requirements Re Ability to Perform & Location

    • Implement Legal Review Recommendation

  • Processing Goal (60 Days) Reasonable

  • Causes of Denial Appear Valid


Conclusions1
Conclusions

  • Mandatory Workshops/Active Business

  • Advisory Committee Changes Essential

  • Reciprocity

  • Technology/Web Site Changes/Interactive Program Will Favorably Simplify/Streamline Process


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