April 10, 2001
April 23, 2002 (revised)
May 21, 2002 (revised)
July 15, 2003 (revised)
August 24, 2004 (revised)
September 12, 2017
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Since April 2001, Commissioners Court has established a Small, Minority and Women Owned Business Enterprise (SMWBE) Program with participation targets of 20% for Minority, and/or Woman-owned Business Enterprises (MWBE) and/or a minimum of 30% for Small Business Enterprises (SBE). Procurement and contracting dollars spent with a MWBE that also is a SBE will be counted in both categories.
The SMWBE Program was created to ensure small, minority, and women-owned businesses a fair opportunity to compete on the County’s contracts. Similarly, the County promotes SMWBE participation in its Tax Phase-in Program, and with its funded entities and facilities to support the growth and diversity of a regional economy.
The success of the SMWBE Program depends on cooperation of 48 County offices and departments. It focuses on the purchasing, scope of work and data collection processes that are, of necessity, highly variable because the scope of items and purchasing authority by the County is so varied.
These policies will be administered in compliance with procurement law to include:
Standards;I. Civil Practice and Remedies Code §106.001 (Non-Discrimination)II. Chapter 262, Texas Local Government Code, (Purchasing and Contracting Authority of Counties)III. Chapter 271, Texas Local Government Code (Purchasing and Contracting Authority of Municipalities, Counties and Certain other Local Governments)IV. Government Code Chapter 2251 (Prompt Payment)V. Health & Safety Code §361.426 (Recycled Product Preferences)VI. Chapter 2252, Texas Government Code (Contracts with Government)VII. Chapter 2254, Texas Government Code (Professional Services)VIII. Chapter 2269, Contracting and Delivery Procedures for Construction Projects andIX. Chapter 2157, Texas Government Code (Purchasing: Purchasing of Automated Information SystemsX. Local Government Code Chapter 140.003 (Specialized Local Entities)XI. Texas Constitution Article 3 §44XII. National Institute of Governmental Purchasers (NIGP): The Institute for Public ProcurementXIII. Bexar County Tax Abatement Guidelines
Bexar CountyCommissioners Court Policies:I. 08.0 Small, Minority, and Women-Owned Business Enterprise (SMWBE) ProgramII. 08.1 Purchasing Policy and Procedures: detailed procedures for applying this policy and applicable forms are found in the Bexar County Purchasing Manual dated July 2017, as amended.III. 08.2 Disadvantaged Business Enterprise (DBE) PolicyIV. County Manager’s SMWBE Policy
Auditor Policies: I. 02.01 C.1 HANDLING OF BEXAR COUNTY CONTRACTSII. 07.5 P.5 PURCHASING CARDSIII. 10.0 100 FORM 100 - REQUEST FOR PAYMENTIV. 10.0 501 FORM 501 - CONTRACT CHECKLIST
For the purposes of this policy:
The best management practices employed by the County consist of implementation of an aggressive tracking and monitoring system and progressive SMWBE outreach activities and mentoring services. The County’s strategies are designed to deliver innovative solutions to increase the effectiveness of its Program. The standard benchmark regarding the effectiveness of SMWBE Programs is to increase both the dollar amount and percentage of services and supplies the agency procures from SMWBE.The County will continue to foster its best management practices and further build the capacity of SMWBE in its market area as follows:
Bexar County Offices, Departments, Funded Entities and Facilities will actively seek and encourage SMWBE to participate in all facets of the procurement process by:
Certification retains the SMWBE program integrity and optimizes SMWBE participation in Bexar County contracting through an evaluation process.
(a) COMMODITIES, EQUIPMENT, MAINTENANCE, CONSTRUCTION AND SERVICES
(b) PROFESSIONAL AND PERSONAL SERVICES
For those vendors that experience difficulty in locating certified SMWBE, a list or access to online database (which is exportable at no cost to the vendor) will be provided to the vendor by the Bexar County Small Business and Entrepreneurship Department.
In order for the Small Business and Entrepreneurship Department to supply the list, vendors must provide the following in regards to the project:
Documentation of efforts to solicit quotes, bids and/or proposals from SMWBE shall be part of the procurement record and consist of the following actions.
Database Record of Solicitation (Informal Quote, IFB, RFP, SOQ or RFQ):
Database Record of Contract Award:
Audit of database records:
In order to fully implement the intent and goals of this policy, the Small Business and Entrepreneurship Department is designated the office responsible for the implementation, monitoring, and general operations of the SMWBE policy requirements. In addition, all County offices, funded entities and facilities are required to identify a liaison to assure compliance with the County’s goals and to coordinate with the Small Business and Entrepreneurship Department. The Small Business and Entrepreneurship Department shall be responsible for the overall administration of the County’s SMWBE Program.
1. The Small Business and Entrepreneurship Department:
2. The Purchasing Department:
3. The County Auditor:
4. County departments, offices, funded entities and facilities are encouraged to take steps necessary to implement the following:
It is the policy of Bexar County that employees engaged in the process of making purchases on behalf of the County will make an effort to meet the County’s SMWBE Participation Targets of 20% for Minority, and/or Woman-owned Business Enterprises (MWBE) and/or a minimum of 30% for Small Business Enterprises (SBE). Procurement and contracting dollars spent with a MWBE that also is a SBE will be counted in both categories in the following areas:
County employees (or designated staff) making purchases on behalf of the County will participate in an educational and training programs implemented by the Small Business and Entrepreneurship Department and Purchasing Department, which will be available to all county offices, facilities and funded entities. The training program will include the following information.
1. SMWBE provisions defined in this policy may not apply in the following circumstances:
2. Purchasing Agent and the Small Business and Entrepreneurship Department may waive SMWBE policy only upon the written approval, except in condition (1.) above. Emergencies will be approved by the Purchasing Agent or designee only, and will be appropriately documented in applicable contract files. All request for waivers are presented to Commissioners Court for final approval.
The intentional misrepresentation of facts by a vendor may result in rejection of future bids or proposals.
Bexar County maintains a process by which a vendor or any other interested party may request information regarding a solicitation or contract award. A vendor or any other interested party shall submit a request (depending on the type and scope of the request or as required by law) by contacting the County Purchasing Agent or the County Small Business and Entrepreneurship Department Director.
Bexar County is committed to increasing the involvement of SMWBE in its procurement process. Similarly, the County promotes SMWBE participation in its Tax Phase-in Program to support the growth and diversity of a regional economy.
The Commissioners Court established SMWBE Participation Targets of a minimum of 20% of all procurement dollars in the areas of Commodities, Equipment, Services, Maintenance, Professional Services and Construction are spent with minority and women-owned business enterprises, and a minimum of 30% of those procurement dollars are spent with small business enterprises.
At this time, however, the SMWBE Program is limited to outreach and data collection because the County cannot award any points or set-asides for SMWBE in the procurement of goods or services unless it is to correct a documented disparity. Using this data, a report will be developed by the Small Business and Entrepreneurship Department, the Purchasing Department and the Auditor’s office to show expenditures by commodity code, department or office transaction and vendor payments. At any time the Court may consider contracting for the preparation of a study that will detail the availability of Bexar County SMWBE. If an availability study is obtained, it can be compared to the County’s efforts and purchasing history with SMWBE to determine if a disparity exists. Race Conscious and/or Race Neutral Remedies to correct any evidence of discrimination will be recommended to Commissioners Court for implementation by the Small Business and Entrepreneurship Department.
Download Attachment B - SMWBE Program Report
SMWBE Program Report:
Each section shall reflect the following information:
Section 1: Number of purchases, percent of purchases, total dollars and percent of total dollars.
Section 2: Total number of purchases and total dollars of purchases allocated for SBE, MBE and WBE vendor categories.
Section 3: Awards from 0 – $5,000, $5,001 - $49,999 and over $50,000 for SBE, MBE, WBE, SMWBE, Certified, Identified, Black, Hispanic, Native American, Multi-Ethnic, Other, Pacific Asian, Sub-continent Asian, White, Veteran, Disabled, VBE and LGBTE vendor categories.
SMWBE Participation Report:
B. Prime Report
C. Sub-Contractors, Sub-Suppliers, and Sub-Consultants Report
Download Attachment C - Bexar County Purchasing Department Vendor Registration Form
Thank you for your interest in doing business with Bexar County. The Bexar County Purchasing Department encourages and seeks the participation of vendors to provide quality goods and services at competitive pricing.
Bexar County’s Online Supplier Portal facilitates the exchange of information between a buying organization and its suppliers. Benefits of the application include:
Self-service supplier registration and account maintenance
Vendors may identify multiple commodity codes for their business
Improved communication via messages, including support of electronic attachments
Capability to upload required documents
Accessibility to all pertinent data, at one internet site
Vendors may register online or complete the following information. This form must be submitted with each bid, proposal or quote. http://gov.bexar.org/purchasing/
Download Attachment C1200 - Bid Submittal Forms
Download SMWBE Contract Requirement (Word)
Form 1: List of All Subcontractors
Form 2: List of All Professional / Consulting Service Providers Sub-Firms
Form 3: List of All Suppliers
SMWBE Contract Requirement:
IFB, RFP, RFQ, SOQ, and all level contracts and pre bid agenda language for County SMWBE Requirement
Bexar County is committed to increasing the involvement of Small, Minority, and Women Owned Business Enterprises (SMWBE) in its procurement process. Similarly, the County promotes SMWBE participation in its Tax Phase-in Program to support the growth and diversity of a regional economy.
The Commissioners Court established a Participation Target of a minimum of 20% of all procurement dollars in the areas of Commodities, Equipment, Services, Maintenance, Professional Services and Construction are spent with minority and women-owned business enterprises, and/or a minimum of 30% of those procurement dollars are spent with small business enterprises. Expenditures with a Minority, Women Owned Business Enterprise (MWBE) that is also a Small Business Enterprise (SBE) will be counted in both categories.
SMWBE participation is highly encouraged. The Participation Targets are not included in the evaluation of bids or proposals for awards.
SMWBE for the purpose of this policy are those companies with a certification designation from an authorized certification agency as a woman, small or a minority group certification, such as a Historically Underutilized Business (HUB), or Disadvantaged Business Enterprise (DBE), or Minority Business Enterprise (MBE), or Women Owned Business Enterprise (WBE), or Small Business Enterprise (SBE), or African American Business Enterprise (AABE), or Asian American Business Enterprise (ABE), or Disabled Individual Business Enterprise (DIBE), or Emerging Small Business Enterprise (ESBE), or Hispanic American Business Enterprise (HABE), or Native American Business Enterprise (NABE), or Veteran Business Enterprise (VBE) or Lesbian, Gay, Bisexual, or Transgender Business Enterprise (LGBTBE) recognized and approved by Bexar County Commissioners Court. Bexar County accepts all verifiable certificates from any bonafide certification agency.
Certification means a designation as a HUB, DBE, SBE, MBE, VBE, WBE or LGBTBE awarded by any authorized agency that a company is a for-profit independent operating business that is at least 51% owned operated and controlled by minority person(s) and/or a woman. The ownership by minorities and women must be real and substantial.
Auditing and Compliance: All vendors receiving awards for Goods, Commodities, Services, Construction or Professional Services must provide ownership and amount information for all sub-contractors, sub-suppliers, and sub-consultants to be engaged before or during the term of award. (BID SUBMITTAL FORMS C1200)
During the term of the contract, the awarded contractor must submit accurate progress payment information, to include payments made to its Sub-Contractor(s), Sub-Supplier (s) or Sub-Consultant(s), with each invoice submitted to the County for payment.
In addition, the Contractor and its Sub-Contractor(s) Sub-Supplier(s) or Sub-Consultant(s) must utilize the contract management software Contract and Diversity Management System (CDMS) (procured by Bexar County and available at https://bexar.smwbe.com/) to report all payments made and received. Payments shall be audited at least monthly for participation and accuracy by County staff or a designated representative of the County. All such related source documents upon which payment is based shall be made a matter of record.
The Contract and Diversity Management System (CDMS) is a web-based paperless system that Prime vendors shall use to report sub-contracting, sub-supplier or sub-consultant payments made to SMWBE for any sub-contracting, sub-suppliers, sub-consultant performance.
The SMWBE Program staff will verify payments and seek to resolve any disputes. Staff provides training and education for all prime and sub-vendors.
For questions or more information, please contact:
Small Business & Entrepreneurship Department
Paul Elizondo Tower
101 W Nueva, STE 112
San Antonio, Texas 78205
The Small, Minority and Women Owned Business Enterprise (SMWBE) Program Advisory Committee shall function only in an advisory capacity and shall make recommendations to the Commissioners Court on various issues and policies concerning and impacting the SMWBE Program and its activity.
SECTION 1: Composition, Appointment and Terms
SECTION 2: Meetings
The Chairman or at least five (5) members may call Emergency/Special meetings, with at least three (3) working days’ notice to all Advisory Committee members. The Small Business and Entrepreneurship Department shall give notice by the method of fax, e-mail, standard mail or telephone. A simple majority of the members will constitute a quorum of the membership. A two-thirds (2/3)-majority vote of the quorum is required for passage of any action that will be communicated to Commissioners Court.
* Simple majority is defined as a fifty percent (50%) plus one (1) of the members appointed and confirmed by Commissioners Court at the time of the meeting.
1. The Executive Committee will be composed of the Chair, Vice-Chair and Chair of each Subcommittee. Subcommittee recommendations are to be submitted to the Executive Committee, which will determine the action items and scheduling of the remaining subcommittee recommendations to be considered by the Advisory Committee monthly.
SECTION 3: Removal
The section for ATTENDANCE states the following:
The SMWBE Advisory Committee shall define the term “excused” of the attendance section of the policy as “being granted with at least 24 hours prior notice of absence to be provided to the Small Business and Entrepreneurship Department.”
SECTION 4: Functions
SECTION 5: Effective Date
April 10, 2001 approved
July 24, 2001 (revised)
October 9, 2001 (revised)
January 29, 2002 (revised)
March 25, 2003 (revised)
The purpose of this Standard Operating Procedures (SOP) is to outline the manner in which this committee will conduct business in General, Special or Emergency meetings and in all sub-committee meetings. It also defines the rules of the relationship between the Advisory Committee, sub-committees, and county departments.
These rules will be used in all meetings conducted by the SMWBE Program Advisory Committee and shall supersede all other rules. Where there is no rule in this SOP nor in the SMWBE Program Advisory Committee Guidelines of Bexar County Administrative Policy 8.0, then will Robert’s Rule of Order prevail.
Emergency or Special Meetings
For Emergency or Special meetings, the ten (10) days’ notice is waived and replaced with a three (3) days’ notice. The Small Business and Entrepreneurship Department shall give notice by fax, e-mail, standard mail or telephone. The meeting may be called by the Chair or at the request of at least five (5) members.
In order to conduct business, a simple majority of the membership shall constitute a quorum for all meetings. A simple majority of the sub-committee members will constitute a quorum. A simple majority is defined as fifty percent (50%) plus one (1) of the members appointed and confirmed by Commissioners Court at the time of the meeting. A quorum is not required to receive sub-committee or staff reports that require no action to be communicated to Commissioners Court. Should a quorum not be established, voting on committee reports or actions items may be conducted via e-mail, fax or mail; provided the necessary background information is given on the particular issue for communication to Commissioners Court. Members shall submit their votes to the Small Business and Entrepreneurship Department staff no later than 4 hours prior to the meeting for submission and recording of their absence.
Public posting of the SMWBE Program Advisory Committee or sub-committee meeting agenda is not required. However, the agenda will be sent to all members and any other individual or organization requesting notice of the meeting. An annual calendar of SMWBE Program Advisory Committee meetings shall be posted and maintained on the Bexar County web-site and in the Small Business and Entrepreneurship Department.
The Executive Committee shall set the General meeting agenda. Members may request that an item be placed on the agenda by calling the Chair, Vice Chair or any member of the Executive Committee or attending the Executive Committee meeting. The sub-committee agendas are set by the sub-committee Chairs.
Recommendations sent forward by sub-committees to the Executive Committee requiring action at the General Committee meeting will be by consensus. The Executive Committee shall forward the recommendations to the general membership for action. Any recommendations made by the Advisory Committee that require action by Commissioners Court, shall be sent forward by the Small Business and Entrepreneurship Department for consideration on the next Commissioners Court Agenda.
Role of the Officers:
Chair/Vice Chair/Sub-committee Chairs
The officers shall serve as the spokespersons for positions of the SMWBE Program Advisory Committee. The officers shall only present the committee’s position to Commissioners Court, the general public or media when making a recommendation on behalf of the Committee. Officers or members may not represent personal views or positions in any way that misrepresents the Committee or County’s position.
The Committee may consider the violation of this requirement and act to remove the officer and/or member from office and/or recommend to the Court removal of the member from the Committee by a two-thirds (2/3) vote at a general, special or emergency meeting. Any action will be reported at the next meeting of Commissioners Court.
All members shall abide by these Standard Operating Procedures once adopted by the SMWBE Program Advisory Committee.
These Standard Operating Procedures shall be reviewed at the first meeting of every new term. They shall be adopted, amended or repealed by two-thirds (2/3) vote of the quorum.
January 14, 2002 (adopted)
February 26, 2003 (revised)