FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION …

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

SMALL MINORITY, VETERAN AND WOMEN-OWNED BUSINESS PARTICIPATION PLAN

FISCAL YEAR 2012-2013

OBJECTIVE:

Continue the development and implementation of strategies to increase the participation of small minority, veteran and women-owned business enterprises in the procurement program of the Department of Environmental Protection (DEP).

POLICY:

DEP's intent is to increase participation among minority, veteran and womenowned business enterprises (M/V/WBE) in its procurement process for commodities, contractual services, architects and engineers (professional services), and construction contracts. This can be accomplished by the increased utilization of M/V/WBEs in our daily acquisition efforts for commodities and services by the DEP; and, in the active recruitment of M/V/WBEs, which may be able to furnish unique commodities and contractual services required by DEP. DEP, as recipient of Federal Grant Funding, will also utilize small and minority businesses that meet the federal definition as required by the grants received.

DEP adheres to the following provision established in Section 287.094, Florida Statutes, establishing fair opportunities in public procurement:

"No agency shall deny any contractor, firm, or individual a fair opportunity to compete in the public procurement of commodities and services based on race, national origin, gender, religion, or physical disability, which for purposes of this subsection constitutes prohibited discrimination. Complaints alleging prohibited discrimination by an agency in its public procurement may be filed with the Office of Supplier Diversity within 60 days after the facts giving rise to the complaint are known or reasonably should have been discovered. Any complaint shall be filed in writing and must set forth the specific facts giving rise to the claim of prohibited discrimination. The Office of Supplier Diversity shall, within 10 days, refer the complaint to the Inspector General for the agency that is the subject of the complaint, who shall coordinate a prompt investigation and issue written findings of fact. These findings shall be reviewed by the Chief Inspector General or his or her designee, who is authorized to conduct any further investigation deemed necessary or appropriate. Upon a final determination that an agency has abused its discretion by engaging in prohibited discrimination, the Chief Inspector General shall refer any state employee determined to have participated in the prohibited

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discrimination for disciplinary action in accordance with Chapter 60K-9, Florida Administrative Code, and subsequently enacted rules, up to and including termination."

The statutory reference above to Chapter 60K-9, Florida Administrative Code has been replaced with the subsequently enacted rule established in Chapter 60L-36, Florida Administrative Code.

The information provided in this plan addresses the eight elements identified in Ms. Loll's letter to Secretary Vinyard dated September 26, 2012.

The eight elements are restated to assist all who review this plan.

1.

The Department of Environmental Protection's (DEP's) mission, vision

and a statement off commitment for enhancing supplier diversity is

provided below.

DEP protects, conserves and manages Florida's natural resources and enforces the State's environmental laws.

DEP is the lead agency in state government for environmental management and stewardship and is one of the more diverse agencies in state government, protecting our air, water, and land. DEP is divided into three primary areas: Regulatory Programs, Land and Recreation, and Water Policy and Ecosystem Restoration. Florida's environmental priorities include achieving regulatory certainty, consistency and protection, getting the water quality and quantity right in Florida, and ensuring our residents and visitors have more opportunities to enjoy Florida's award-winning state parks.

Procurements made by DEP must reflect the full diversity of the citizens of the State of Florida. DEP is committed to the purchase of high-quality goods and services at advantageous prices and to a fair and equal opportunity for all to compete for said procurements. Our commitment is to a procurement process that is effective, transparent and diverse.

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2.

Identified below are the DEP's senior officials responsible for

monitoring and implementing our plan; with information on how we

track progress and adjust our strategy if necessary.

DEP Lead(s):

Gwenn D. Godfrey, Chief Bureau of General Services 3800 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Phone: (850) 245-2350 FAX: (850) 245-2409

Cynthia Kelly, Director Division of Administrative Services 3800 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Phone: (850) 245-2308 FAX: (850) 245-2338

The Chief of the Bureau of General Services and Administrative Services Director will communicate, using electronic and/or telephonic methods, with DEP's Leadership Team to review the plan and assist them with any problem areas that they identify in locating sources to participate in procurement activities managed by their programs.

Periodic reports regarding expenditures with certified M/V/WBEs will continue to be made available on the DEP's One Florida website to the Leadership Team for review. Follow-up discussions regarding activities undertaken to improve outreach efforts and spending will be initiated to help ensure that reasonable steps are being taken to further the utilization of M/V/WBEs in our procurement program.

Continued recognition by the Leadership Team of program(s) that have excelled in their outreach efforts will be encouraged.

Following the completion of each calendar month, the DEP's Program Lead prepares a monthly tracking report based on the Florida Accounting Information Resource Subsystem (FLAIR) data reported. Included as part of this report is the tracking of adjustments requested and received from the Department of Management Services (DMS) for subcontractor spend and other adjustments requested due to the use of a vendor's incorrect registration identification number. Note: Some vendors have multiple registrations in MyFloridaMarketPlace (MFMP) for various locations around the State. In some cases, the vendor category established in MFMP does not reflect the same designation for each location. Adjustments are requested in situations where a vendor is registered as an M/V/WBE but has also registered as a non-minority vendor.

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DEP actively participates in the Office of Supplier Diversity's monthly Diversity Working Group meetings. These meetings are used to share strategies used by agencies and consider other suggestions made by participants. It is important that approaches recommended are reviewed by the Department of Management Services (DMS) to avoid any conflict with the settlement reached in the Associated General Contractors lawsuit.

3.

Below is our proposal to establish programs or initiatives aimed at

promoting the participation of minority, veterans, and women-owned

business enterprises, including those certified by the OSD.

DEP promotes the participation of M/V/WBEs, including those certified by the Office of Supplier Diversity (OSD), in all procurement activities undertaken. DEP recognizes that some procurement activities must be carried out using State Term Contract vendors established by DMS or DEP established term contracts whereby minority, veteran and womenowned businesses may participate as a reseller or supplier/subcontractor. Although encouraged by DMS and DEP, in many of these instances, purchases from minority, veteran, and womenowned businesses may be somewhat limited. DEP will continue to actively participate with DMS in the development of specifications for proposed State Term Contracts and will assist in identifying possible sources for partnering opportunities.

In general, the procurement of commodities and services may be initiated by several hundred DEP offices located throughout the State of Florida. Exhibit I provides a partial listing of commodities and services that may be purchased by DEP in support of its various programs. Procurement Section staff are responsible for reviewing documentation supporting informal procurement activities for those goods/services that are valued at $35,000 or less. When performing these reviews, attention is given to ensuring that the appropriate number of price quotes has been obtained to support the acquisition. Procurement Staff are tasked with reviewing program area compliance with the DEP's December 21, 2012 memorandum (provided as Exhibit II) regarding the procedures to be followed for obtaining quotes. If a program area fails to comply with the expressed intent of this memorandum, Procurement Staff are authorized to deny the purchase request until such time as the program meets the requirements of the memorandum.

To assist agency employees in locating vendors to participate in procurement opportunities, the DEP maintains an instructional document on its One Florida website that describes the various methods available for locating certified M/V/WBEs. This document is entitled

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