Small Business Enterprise FAQs
Contract Compliance Management Section (“CCMS”)
Small Business Enterprise – Architectural and Engineering
Small Business Enterprise - Construction
Local Workforce Participation Requirements (“LWP”)
Frequently Asked Questions
(“FAQ”)
SBE – Architectural and Engineering (formally referred to as Community Business Enterprise “CBE”)
Include copies of all applicable prime consultant and sub-consultant SBE certifications which clearly state the certification number in your proposal submittal.
SBE – Construction (formally referred to as Community Small Business Enterprise “SBE”)
Include copies of all applicable prime contractor and sub-contractor SBE certifications which clearly state the certification number in your Bid Form.
In addition to adherence to SBE – Construction requirements, all construction contract bidders must hire an independent third party to verify and certify compliance with:
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SBE- Construction; and
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LWP requirements in Section III – Certifications of the Respective Bid Form.
Certificate of Compliance and Schedule of Intent (SOI) forms must be included in each proposal and Bid Form submittal. All SBE Monthly Utilization Reports (“MUR”) must be verified and certified monthly by the independent third party.
Question: My Company is a Miami-Dade County certified SBE – Construction firm. Do I need to allocate fifteen percent (15%) to a different SBE – Construction firm?
Answer: If your company will self-perform at least fifteen percent (15%) of the physical construction work required under the contract, then you will not have to allocate any work to a different SBE-Construction firm in order to comply with section 18-89 of the City Code.
If your company will self-perform less than fifteen percent (15%) of the physical construction work required under the contract, then you must allocate to a different SBE-Construction firm an amount of work that, when combined with the work self-performed by your company, will total at least fifteen percent (15%) of the work required under the contract in order to comply with section 18-89 of the City Code.
Question: My Company is a Miami-Dade County certified SBE – Architectural & Engineering firm. Do I need to allocate fifteen percent (15%) to a different SBE – Architectural & Engineering firm?
Answer: If your company will self-perform at least fifteen percent (15%) of the professional services work required under the contract, then you will not have to allocate any work to a different SBE in order to comply with section 18-87 of the City Code.
If your company will self-perform less than fifteen percent (15%) of the professional services work required under the contract, then you must allocate to a different SBE – Architectural & Engineering firm an amount of work that, when combined with the work self-performed by your company, will total at least fifteen percent (15%) of the professional services work required under the contract in order to comply with section 18-87 of the City Code.
BONUS POINTS: In order to receive the five (5) evaluation bonus points under section 18-87, your proposal must include executed Letters of Agreement (“LOA”) which allocate at least fifteen percent (15%) of the work required under the contract to SBE- Architectural & Engineering firms who maintain a “local” office, as defined in Section 18-73 of the City Code.
Question: My company is interested in becoming SBE certified? Where can I get more information about its process?
Answer: In order to become SBE certified, you must contact Miami-Dade County. Here is a link to Miami-Dade County’s website:
http://www.miamidade.gov/smallbusiness/certification-programs.asp
Question: My Company is a party to a union agreement that requires us to utilize the union labor pool for our recruitment efforts. Are we required to comply with local workforce participation requirements?
Answer: Yes, unioned and non-unioned companies must comply with the Section 18-89 of the City Code as it relates to LWP requirements. Here is the link to Municode for the City of Miami:
http://library.municode.com/index.aspx?clientId=10933
Question: I want to bid on a City project; how do I find a SBE?
Answer: Here is the link to a listing of Miami-Dade County certified SBE firms:
http://www.miamidade.gov/smallbusiness/certification-programs.asp
Question: What are the responsibilities of an independent third party who verifies compliance?
Answer: The accuracy of the SBE - Construction and LWP requirements compliance data and reports must be verified and certified on a monthly basis by a licensed professional under Title XXXII, Regulation of Professions and Occupations, Florida Statutes 454, 471, 473, or 481 (e.g., an attorney, professional engineer, public accountant, or Registered architect).
The Respondent must select an independent third party who verifies and certifies compliance. The independent third party must have a minimum of two (2) years professional experience in contract compliance, auditing, personnel administration, or field experience in payroll, enforcement or investigative environments.
The independent third party will be required to verify and certify compliance methods, data, and make compliance determinations. The independent third party will be required to sign an affidavit that certifies that the data submitted by the company is accurate and in compliance with City Code 18-87 and 18-89.
Question: Where can I find detailed information regarding the referenced Florida Statutes 454, 471, 473, or 481 for independent third-party verification?
Answer: www.leg.state.fl.us/statutes
Click on Section: Title XXXII. Click on each statute for the definition.
Question: What does “independent third-party” mean?
Answer: Generally speaking, the “independent third-party” is not owned in whole or in part by the Respondent; neither the verifier nor any of its members has a financial interest in the operations, support or consulting services to the reporting entity. The “independent third-party” verifier must be unaffiliated with the Respondent or its proposed sub-consultants and/or sub-contractors, and there must not be a real or perceived conflict of interest. Pursuant to Florida Statutes 834.06, whoever knowingly makes a false statement in writing with the intention to mislead a public servant in the performance of their official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. 755.082, F.S. 755.083, and F.S. 755.084.
Question: Who pays the cost of the independent third-party?
Answer: The cost associated with SBE and LWP compliance must be factored into the overall cost of the project and is to be paid by the awarded firm.
Question: My firm is interested in submitting a proposal for an advertised Request for Qualifications? Will we be required to go through the ITPV process?
Answer: No. However, if awarded an agreement, the Respondent will be required to sign affidavits and certify reports that require SBE compliance.
Question: My Company is interested in submitting a proposal for an advertised design-build project? Will we be required to go through the ITPV process?
Answer: Yes. Respondents will be required to comply with SBE and LWP requirements as stipulated in both Sections 18-87 and 18-89 of the City of Miami Code.
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The SBE component will require the Respondent to certify monthly reports.
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The SBE and LWP component requires monthly reporting including ITPV and certification.
Question: At what time am I required to identify the name of the company who will be responsible for ITPV?
Answer: The independent third-party is not required to have SBE certification. However, the firm and/or individual must be listed on Form SU and/or Form C-1 at the time of bid/proposal submittal.
Question: Why would an architectural and/or engineering firm need to list an independent-third party on its Form C-1? The SBE component is not required to have ITPV.
Answer: Design-Build Respondents will be required to use Miami-Dade County certified SBE’s. Respondents will be required to list SBE sub-consultant(s), SBE sub-contractor(s) AND the independent third-party as a sub-consultant on the required forms included in its proposal.
Question: Will the LWP component require ITPV?
Answer: Yes.
Question: Whom should I contact at the City of Miami to coordinate job fairs and hiring initiatives?
Answer: Please contact:
Susan Cambridge
City of Miami
Office of Capital Improvements
(305) 416-1058
scambridge@miamigov.com
Question: What other type of assistance does the CareerSource South Florida offer?
Answer: Career Source South Florida has partnered with the City, particularly with the City of Miami’s Office of Capital Improvements, in an effort to assist Contractors with adhering to the LWP component.
Question: I need additional information. Can I speak directly to someone? Whom should I contact?
Answer: Please address all additional SBE/LWP/Responsible Wages questions and concerns to Susan Cambridge at (305) 416-1058 or scambridge@miamigov.com