NYS MWBE / SDVOB Programs Stephen Curro, PE DASNY Ken Williams OGS February 21, 2018 Information for Capital District BOMA Member s
2 Agenda Introduction NYS Article 15-A SDVOB Act 2018 19 NYS Budget Impact Questions
3 Introduction In 1944, Dormitory Authority, State of New York (DASNY) was established to finance and build dormitories for State teachers colleges (now SUNY). DASNY proudly continue to fulfill that mission today.
4 Introduction Over the years, our mission has expanded to include a broad range of social infrastructure, including: Higher education Health care Courts Libraries Parks
5 Introduction State of New York CUNY Mental Hygiene (OMH / OPWDD / OASAS) SUNY Court Administration Education Environmental Conservation Health Homes and Community Renewal Parks, Recreation and Historic Preservation Storm Recovery City of New York Citywide Administrative Services Health and Hospitals Corporation Chief Medical Examiner Mayor s Office of Criminal Justice NYC Housing Authority
6 Introduction New Customer Agencies over the past five years include: NYS Department of Environmental Conservation NYS Office of Parks, Recreation and Historic Preservation Governor s Office of Storm Recovery New York City Housing Authority
7 Introduction Location # of Projects $ Value Upstate 543 $1,214,609,588 Downstate 525 $4,608,355,234 TOTAL 1,068 $5,822,964,822 Phase # of Projects $ Value Preliminary 275 $1,228,700,935 Design 493 $2,068,633,946 Construction 300 $2,525,629,941 TOTAL 1,068 $5,822,964,822
8 Minority and Women Owned Business Enterprises
9 Article 15-A Article 15-A of the Executive Law, signed into law on July 19, 1988, authorized the creation of an Office (now Division) of Minority and Women's Business Development to promote employment and business opportunities on state contracts for minorities and women.
10 Article 15-A Under this statute, state agencies are charged with establishing employment and business participation goals for minorities and women owned businesses. ESDC s Division of Minority and Women Business Development is responsible for the administration, coordination, and implementation of Article 15-A programs.
11 Article 15-A Under Article 15-A a minority-owned business or MBE is a business enterprise in which at least 51% is owned, operated, and controlled by citizens or permanent resident aliens who meet the ethnic definitions of: Black Hispanic Asian-Pacific Asian-Indian Native American or Alaskan Native
12 Article 15-A Under Article 15-A a woman-owned business or WBE is a business enterprise in which at least 51% is owned, operated, and controlled by citizens or permanent resident aliens who are women.
13 Article 15-A Under this statute, state agencies are charged with establishing employment and business participation goals for minorities and women.
14 Article 15-A History of MWBE Goals in NYS FY 2008 09: 5% FY 2010 11: 10% FY 2013 14: 20% FY 2018 19: 30% Governor David Patterson Governor Andrew Como
15 Article 15-A Threshold for Article 15-A Requirements Professional Service Contracts of $25,000 or more and Construction Contracts of $100,000 or more are subject to compliance with Article 15-A State agency applies minimum MWBE participation goals to applicable procurements for professional services and construction contracts
16 Article 15-A Threshold for Article 15-A Requirements MBE and WBE firms must be certified by Empire State Development Corporation s Division of Minority and Women Business Development
17 Article 15-A NYS MWBE Certification Ownership by minority and / or women members Personal net work less than $3.5m Mandatory supporting documentation (state / federal tax returns) Small business restriction (less than 300 employees) Independent, active and one year in business Out of state firms certified prior in home state https://ny.newnycontracts.com
18 Article 15-A Monitoring Compliance with Article 15-A MWBE participation goals are included in advertisement for any procurement subject to Article 15-A compliance A Utilization Plan outlining how contractor or consultant intends to achieve MWBE participation goal must be submitted
19 Article 15-A Monitoring Compliance with Article 15-A An approved Utilization Plan is a prerequisite to DASNY s award of procurement subject to Article 15-A compliance Payments to MWBE firms are tracked throughout the life of a project/procurement
20 Article 15-A Monitoring Compliance with Article 15-A Failure to achieve MWBE participation goals may result in liquidated damages being assessed
21 Article 15-A DASNY Opportunities: Financial and Professional Services DASNY recognizes that New York is the center of the global financial marketplace and we work diligently to increase opportunities for professional and financial services companies owned by minorities and women
22 Article 15-A DASNY Opportunities: Financial and Professional Services DASNY actively pursues MWBE involvement in these financial-related service areas: Accounting Brokers / Dealers Commercial Banking Financial Advisors Graphic Design Insurance Brokers Investment Banking Information Technology Legal Services Real Estate Brokers
23 Article 15-A DASNY Opportunities: Construction Professional Services DASNY actively pursues MWBE involvement in these construction-related service areas: Architecture Engineering Environmental Estimating Interior Design Life / Safety Systems Maintenance / Repair Project Management Scheduling Surveying
24 Article 15-A DASNY Opportunities: Commodities DASNY Procurement Department uses the NYS Contracting System to locate M/W vendors for commodities such as: AV Equipment Cabinets Cleaning Supplies Computer Systems Food Prep Equipment Hospital Equipment Medical Supplies Office Furniture Signage Telecommunications Tools / Equipment Vehicles / Accessories
25 Article 15-A DASNY Opportunities Programs Group DASNY is dedicated to supporting the MWBE community and the Opportunity Programs Group engages in outreach, planning and executing MWBE workshops, contract compliance and dispute resolution as required.
26 Article 15-A DASNY Opportunities Programs Group DASNY Opportunities Programs Group resources also participate in various city, state and private MWBE conferences (NYS MWBE Forum) and often moderate and participate on industry-specific panels.
27 Article 15-A DASNY Opportunities Programs Group DASNY also invests significant resources into providing services to further support MWBEs, including: DASNY MWBE Registration Outreach Events (20 / calendar year) CUNY Set Aside Campus assistance Targeted MWBE Registration
28 Our Contact Information DASNY Opportunity Programs Group Web: www.dasny.org Email: opporprogs@dasny.org Phone: 518.257.3000 Michael Clay, Senior Director, Opportunity Programs Thomas Christian, Assistant Director, Opportunity Programs Wayne Benjamin, Assistant Director, Opportunity Programs
29 Service Disabled Veteran Owned Business
30 What? Achieve a statewide goal for participation on state contracts by service-disabled veteran-owned business enterprises of six percent. Service-Disabled Veteran-Owned Business Act (Chapter 22 of the Laws of 2014)
31 Why? This new law sets an ambitious and aggressive goal to make businesses owned by disabled veterans a more active part of state contracting and gives our heroes the recognition that they truly deserve. Governor Andrew M. Cuomo
32 Who? Honorably discharged veterans including NY Guard and NY Militia and/or Reserves Service-connected disability of 10% or greater At least 51% owned by one or more service-disabled veterans (SDVs) Certified by the Division of Service-Disabled Veterans Business Development (DSDVBD) Significant NY Business Presence Other qualifying criteria
33 442 NYS Certified SDVOBs
34 Total Breakdown by Major Type Consulting & Other Services (Miscellaneous) 13% Commodities 14% Consulting & Other Services (Transportation & Equipment) 5% Consulting & Other Services (IT & Media) 14% Construction 25% Consulting & Other Services (Business, Management, & Administrative) 14% Financial Services 5% Construction Professional Services 10%
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SDVOB Disbursements NYS MWBE / SDBOV Programs February 21, 2018 36 SDVOB DISBURSEMENT TREND SINCE STATEWIDE ROLLOUT $10,995,951 $3,048,288 $3,682,338 $3,091,279 $4,197,417 $4,910,856 1 2 3 4 5 6 From April1, 2016 to September 30, 2017
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44 Our Contact Information Division of Service-Disabled Veterans Business Development Web: www.ogs.ny.gov/veterans Email: veteransdevelopment@ogs.ny.gov Phone: 518.474.2015 Ken Williams, Executive Director Anthony Tomaselli, Assistant Director Calisia Humphries, Program Specialist
45 2018 19 NYS Budget Impact on MWBE Program
46 2018 19 NYS Budget Impact Reauthorize the NYS MWBE Program Create a Workforce Diversity Program (workforce participation) Discretionary purchasing threshold increased to $400,000 Add MWBE fraud misdemeanors and felonies to State Penal Law Continue efforts of MWBE Business Growth Accelerator and Certification Assistance Program, Bridge to Success Loan Program and NYS Surety Bond Assistance Program
47 DASNY Projects
48 CUNY LaGuardia Community College New Façade $123m / 9 Story / Single Prime GC - PLA Delivery
49 Fashion Institute of Technology New C 2 Building $189m / 9 Story 100,000 SF / Single Prime GC - PLA Delivery
50 SUNY Brockport New Residence Hall $23.8m / 250 Beds / DB Delivery
51 OMH South Beach Psychiatric Center New Residential Building $265m / 226,000 SF / 262 Beds / Single Prime GC - PLA Delivery
52 Questions
53 Thank You