a national publication of the american contract compliance...
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A national publication of the American Contract Compliance Association March 2011 | Volume 1, Issue 1
ACCA’S 2011 Board of DirectorsPlanning Retreat
Front Row, Left to Right: Gail Scott, Ft. Worth, TX; Lynn Newsome, Philadelphia, PA; Jasmine Maignan-Jones, Ft. Lauderdale, FL; Beverly Johnson, Oakland, CA; Lisa Alexander, Chicago, IL; Bessie Papailias, Oakland, CA; Colette Holt, General Counsel, Chicago, IL. Back Row, Left to Right: Michael Martin, Houston, TX; Jerry Walker, Portland, OR; Jan Lawson, Austin, TX; Gina Baker, Richmond, CA; Candace Waterman, Washington, DC; Justin Talbot-Stern, Phoenix, AZ; and Gregory Jenifer, Teaneck, NJ. Board Members unable to attend: Ruby Jones, Portland, OR; Tiffany Jordan, Cleveland, OH; Tony Kirkland, Indianapolis, IN; Donna Stevenson, Baltimore MD; and Deborah Walker Brown, Atlanta, GA.
On January 15th and 16th of 2011, the members of the ACCA Board of Directors and Colette Holt, General Counsel, participated in an optional 2011 Board Planning Retreat at the Marriott Fisherman’s Wharf Hotel in San Francisco, California.
The purpose of the Retreat was to develop 2011 Workplans for the following Standing Committees: Constitution and Bylaws; Finance; Grants and Fundraising; Membership; Publications and Information; Legislation; Education and Executive.
The Retreat was facilitated by Ms. Gabriele Mack, Vice President of Jacobs Engineering, Arlington, Virginia.
A two hour orientation on Board Governance and Leadership was conducted by Dr. Kenneth L. James, President of James Leadership Group, headquartered in Oakland, California. Dr. James presentation focused on the fiduciary role of a Board as outlined in The Nonprofit Board, Answer Book, a Practical Guide for Board Members and Chief Executives which includes:
• definition of a fiduciary as someone who has a special trust or responsibility to fulfill certain obligations to others • when the trust is breached, it could result in legal action against the fiduciary, and • why ignorance of the law is not an adequate defense
Additionally, Dr. James talked about how board members are charged with duty of care, duty of loyalty, and duty of obedience; and must establish policies and procedures that prevent conflict of interest (perceived, potential, and actual) and self-dealing transactions and always disclose any potential conflict of interest.
An important discussion on Corporate Advisory Boards was led by Ms. Mack and Mr. Charles “Rick” Moore, Vice President and Director of Community Relations at Swinerton. Ms. Mack and Mr. Moore are past ACCA members.
A special Thank You was extended to Mr. Moore for hosting the luncheon for ACCA Board Members at the Swinerton’s San Francisco office.
Page 2ACCA
The evolution of ACCA during the past 25 years has kept the organization relevant while maintaining the original intent of the founders to be the premier training organization for those of us involved in target business utilization and compliance programs. Even so, the opportunities for a more invigorated and relevant ACCA is truly at hand. I am soliciting your involvement in ensuring ACCA continues to be an asset for public and private sector organizations willing to demonstrate a commitment to social and economic equity.Now that the new Board of Directors has been seated and a staggering amount of work has been completed at the January 2011 San Francisco Board Retreat, ACCA is poised to reach new heights as we embark on the organization’s 25th year in existence. As we reach the major milestone of a 25th year, we should really look at this as an opportunity to re-engage old members while recruiting new members and supporters. The various standing committee work plans developed at the January 2011 Board retreat provide opportunities for all of you to get more involved and engaged on an organizational level with ACCA. Enhancing the ACCA organization by developing a stronger more sustainable infrastructure will only add value to the numerous local and state programs providing services to historically underutilized businesses capable of doing work on public and private sector projects of all sizes. I urge you to personally become more involved with the work of ACCA and solicit the involvement of your colleagues who stand to gain from the work we have committed to do relative to fostering education, advocating for M/W/ESB and DBE firms and maintaining the highest level of competency and professionalism through our annual training institute and certification programs.Even though the current economic climate has been the cause for program retooling for many compliance programs, the budget constraints most of us are facing is just one of the challenges we all must be prepared to overcome. ACCA is a great resource for identifying best practices, developing strategic partnerships and increasing the justification for sound programs aimed at achieving economic equity and workforce development initiatives undertaken by many of our members and supporters. Collectively, we can accomplish the goals and objectives identified in the standing committee work plans. Our 25th year anniversary can and should serve as the catalyst for all of us to do our part in making ACCA an even more stellar organization than ever.Warm Regards,Jerry Walker, MCAPresident, ACCA Board of Directors
The American Contract Compliance Association was created in 1986. It started as the brainchild of members of the Minnesota based Inter- Governmental Compliance Institute (IGCI). The thought was to foster a national organization which would provide training, standardization of practice, networking, and support to the many affirmative action, contract compliance, equal employment, and human rights workers across the country. IGCI hosted two successful national conferences in St. Paul, Minnesota which fostered relationships with many, including Luis Molina, Robert Harrison, Kerry Kirkland, and Leonard Miller. These gentlemen and others later formed the Atlantic Coast Compliance Association. In 1986, with the support of the IGCI, the Atlantic Coast Compliance Association, and a historic conference in Atlantic City, New Jersey, the American Contract Compliance Association was born. The first president was the late Luis Molina.
The young organization grew quickly, fostering a
reputation of providing professional expertise and training in the fields of contract compliance and employment law. ACCA accepted the need to provide accreditation for the professional staffs in those areas. In 1989, under the leadership of President Robert Harrison, Vice President Kerry Kirkland, and in association with Boston University School of Social Work, ACCA held the first accredited training institute in Louisville, Kentucky. The week long conference gave 4.2 continuing education credits to registrants that passed each class and test by a score of 85% or more. To accommodate the requirements, it was necessary to complete forty-two hours of class study. With breaks, this required that course attendance might go from 8 o’clock in the morning until 9 o’clock in the evening. In planning for future training, the attendees and Board agreed that the requirements were too intensive. Later the certification of “Compliance Administrator” was divided into two training sessions of 21 hours each.
The American Contract Compliance Association continued to grow and serve. Relationships were developed with Senator Parren J. Mitchell, Arthur A. Fletcher, the Minority Business Enterprise Legal Defense and Education Fund (MBELDEF), and
the leading attorneys in the field. The organization adopted a fitting slogan for the times it faced. It simply said, “Integrity, Courage, and Commitment”.The subsequent federal and local activities and legal mandates proved the need for these new change agents. In living up to the challenge, a conference and public service forum was held in Richmond, Virginia following the case of J. A. Croson vs. City of Richmond (VA). The televised dialogue provided valuable information and insights into the court ruling and requirements. Strategic conferences were also held in Alabama, Texas, Florida, California, Minnesota, Pennsylvania, and Ohio, to name a few key locations. Over the years, the American Contract Compliance Association has served the needs of our country and constituents through strong leaders who were willing to serve.
Past ACCA Presidents:• Luis Molina, Founding Father, New Jersey• Robert J. Harrison, Founding Father, New Jersey• Kerry J. Kirkland, Founding Father, Pennsylvania• Marvin D. Taylor, Founding Member, Minnesota• Jarvis L. Patton, Alabama• Lenoria Walker, Texas• Beverly Johnson, California• Felecia Johnson, Maryland
VisionTo have ACCA recognized as the leading national organization that provides a training institute to educate compliance practitioners, support economic diversity and promote equitable employment and contracting practices within public and private sector institutions.
MissionTo deliver ongoing comprehensive training and certification to practitioners working within the fields of Affirmative Action, Contract Compliance, Minority/Women/Disadvantaged/Small/Emerging Business Enterprise, Labor Compliance, Economic & Business Development, and Equal Employment Opportunity
Values• To promote uniform standards in the administration of contract compliance programs• To promote professionalism and best practices in the administration of contract compliance programs• To facilitate networking and exchange of information among members and affiliates of ACCA• To represent contract compliance professionals and serve as a national advocacy forum in alliance with public and private groups that share ACCA’s vision, mission and values• To facilitate the development, availability and dissemination of information, both technical and otherwise, to members of ACCA and contractors that will be of aid to these persons and agencies in furtherance of contract compliance objectives• To educate the public on the socio-economic benefits of properly administered affirmative action, women, small, and historically under- utilized business programs• To apply for and receive grants, stipends, and contributions and to engage in other revenue generating activities to further the purposes of ACCA• To recognize those who further the ends of contract compliance through awards, commendations, and other forms of recognition• To conduct the business of ACCA with integrity and honesty to ensure that we strengthen the personal and professional relationships that we have with each other and future members
Messagefrom ACCA’s President VISION • MISSION • VALUES
Dear ACCA Members, Supporters, and Colleagues
Know your ACCA History
Page 3 ACCA
Important Changes to the Disadvantaged Business
Enterprise Program Regulations
On January 28, 2011, the US Department of Transportation released important revisions to the DBE program regulations at 49 C.F.R. Part 26. The new regulations cover a myriad of topics, but here is a general summary of those most likely to impact DBE programs and provide guidance to contract compliance professional looking for best practices for state and local contracting affirmative action programs.
Program oversight, §26.37The regulations have always mandated that recipients ensure that work committed to DBEs be performed by DBEs. However, this provision has not been implemented as well as it should be. Therefore, recipients must now include a specific monitoring and enforcement mechanism to ensure that DBEs perform per the contract. This includes certifying in writing that the recipient has monitored DBE participation on every applicable contract.Small business initiatives, § 26.39Assisting small business in a deliberate and organized fashion will help DBEs, all of which are small firms. These initiatives are also important race-neutral program elements. Therefore, recipients are now required to have a small business component that makes active, effective steps to assist small firms. This element must be submitted to the relevant operating administration (e.g., FHWA, FTA or FAA) by February 28, 2012. Components may include small business setasides, unbundling large contracts, identifying alternative acquisition strategies, structuring procurements to facilitate joint venture or consortia participation, etc.
Accountability and goalsubmissions, § 26.47The revisions reiterate that the DBE program does not impose quotas. That said, USDOT also makes it clear that it has the responsibility for ensuring that a recipient’s goals are well grounded in relevant data and are derived using a sound methodology, including considering potential DBEs in calculating goals. Grantees have the responsibility to monitor their programs and fix problems, including any shortfall in meeting the overall, annual DBE goal. Therefore, any agency that fails to meet its goal must explain in detail why and how it plans to correct the problems.
Substitutions of subcontractors, § 26.53One of the major complaints of DBEs is that they are listed on the utilization plan, and later substituted, either for a non-DBE or by the prime contractor’s own forces. Now, a DBE cannot be substituted without the recipient’s prior written consent and then only for “good cause.” Good cause includes a situation where the DBE has failed or refused to perform the work in accordance with normal industry standards; failed or refused to meet reasonable, nondiscriminatory bonding requirements; becomes bankrupt or exhibits credit unworthiness; becomes suspended or debarred from public work; is determined by the agency to not be a responsible contractor; voluntarily withdraws and provides written notice of the withdrawal; is ineligible to receive credit for the type of work required: the DBE owner dies or becomes incapacitated; and other good cause as determined by the recipient, not the prime contractor.
Good cause does not include a refusal to perform that is the result of bad faith or discrimination by the prime contractor, or the prime’s desire to self perform to the notice, with recipient being the notice, with the recipient being the final authority.
Personal net worth limits, § 26.67The prior $750,000 limit on an owner’s personal net worth, less the value of equity in the firm seeking certification and the owner’s principal residence, has been indexed for inflation, basedupon the Consumer Price Index starting in 1989. The cap is now $1.32 million, and will be indexed annually.
Interstate certification, § 26.85To facilitate the ability of DBEs to expand their markets, when an out-of state-DBE now applies for certification in a new state (State B), State B may choose to accept that certification without further procedures. If State B chooses not to accept the certification at face value, it may require the applicant to provide a complete copy of the home state application and supporting documentation, and it will have 60 days to determine whether it has specific objections to the applicant’s eligibility. The applicant will have the burden of proof by a preponderance of the evidence to respond to the specific issues raised by any objections by State B. State B must issue a written response within 30 days of receipt of the applicant’s response.
2011 BOARD OF DIRECTORSJerry Walker
PresidentHousing Authority of Portland
Portland, OR
Lisa Alexander1st Vice President
Cook County Office of Contract ComplianceChicago, IL
Michael J. Martin2nd Vice President
City of Houston Airport SystemHouston, TX
Bessie PapailiasTreasurer
Port of OaklandOakland, CA
Beverly JohnsonSecretary
East Bay Municipal Utility DistrictOakland, CA
GENERAL COUNSELColette Holt
Attorney At LawChicago, IL
Gina BakerRichmond Works
Richmond, CA
Jasmine Maignan-JonesBroward County Aviation
DepartmentFt. Lauderdale, FL
Gregory JeniferArmand Resource Group
Teaneck, NJ
Ruby JonesTurner Construction
Portland, OR
Tiffany JordanCuyahoga County Small Business
EnterpriseCleveland, OH
Tony A. KirklandFinch Constructors
Indianapolis, IN
Jan LawsonCity of Austin, Austin Energy
Austin, TX
Lynn T. NewsomeOffice of Housing & Community
DevelopmentPhiladelphia, PA
V. Gail ScottCity of Fort Worth
Fort Worth, TX
Donna StevensonEarly Morning Software
Baltimore, MD
Justin Talbot-SternB2GNow Diversity Compliance
SoftwarePhoenix, AZ
Debra Walker-BrownFulton County
Atlanta, GA
Candace WatermanWomen’s Business Enterprise
National CouncilWashington, D.C.
Colette’sCounselCorner
ACCA’S BOARD OF DIRECTORSWorking Together as Change Agents!
Page 4ACCA
Michael J. Martin2nd Vice President, Board of Directors
and Chairperson of theRegional Coordinator’s Sub Committee
ACCA 2011 REGIONAL COORDINATORS
Carol HadnotCentral Region
Austin, Texas512-467-6894
Martin LeeMid-AtlanticHanover, Maryland
Kenneth NealNortheast Region
Teaneck, New Jersey201-820-5171
Stephanie LeeSouthern Region
Atlanta, Georgia404-817-7211
VacantWestern Region
Page 5 ACCA
ACCA’s Regional Coordinators primary responsibilities:• develop and increase membership in their respective region• establish a local ACCA Chapter in each state• facilitate communication between each state to support their respective chapters
The 5 ACCA Regions are comprised of the following states:
Central RegionIllinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Nebraska, North Dakota,South Dakota, Oklahoma, Texas, Wisconsin
Mid-Atlantic RegionDistrict of Columbia, Maryland, North Carolina,
South Carolina, Virginia, West Virginia
Northeast RegionConnecticut, Delaware, Maine, Massachusetts,New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont
Southern RegionAlabama, Arkansas, Florida, Georgia, Kentucky,Louisiana, Mississippi, Puerto Rico, Tennessee,
Virgin Islands
Western RegionAlaska, Arizona, California, Colorado, Hawaii,
Idaho, Montana, Nevada, New Mexico, Oregon,Utah, Washington, Wyoming
ACCA MEMBERSHIP DRIVERenew Your ACCA Membership!
Past ACCA members have a one-time opportunity to renew their membership for $100. This offer is valid through June 1, 2011. The term of the membership is through the first day of the 2012 Training Institute which will provide one and a half years for the price of one.
Membership in ACCA provides access to several valuable services and resources: membership card and pin; national membership directory; quarterly ACCA Newsletter, monthly ACCA eBlast; ACCA Legal Counsel’s alerts and updates; access to network of compliance professionals across the USA; access to members-only section ACCA website; and invitations and discounts to regional ACCA events and activities. Best of all, members qualify for a $125 discount towards ACCA Training Institute’s registration.
Attendees of the 2010 Training Institute are current members and do not need to renew. You will receive a membership renewal at a later date.
Visit ACCA’s website at http://www.acca298.org for a downloadable membership application.
About ACCA’sRegional Coordinators
“Rebuilding Our Base”
Calendar of Events
Upcoming Conferences • Conventions • SummitsApril 6-11, 2011 7th Annual 2011 Texas Diversity & Leadership Conference The Hilton Dallas/Rockwall Lakefront, Dallas, TX Website: www.texasdiversityconference.com Registration: $175 - April 6 $339 - April 7& 8 $549 - 3 days, (Apr 6,7,8)
Keynote Speakers:Soledad O’Brien, CNN Anchor; Tony Plana, Actor,
Ugly Betty, Justice Dale Wainwright, Supreme Court of Texas
April 16-20, 2011 NFBPA Forum 2011–Building the Legacy Sheraton Chicago Hotel & Towers, Chicago, IL Website: www.nfbpa.org Registration: Early Bird $473 Member Early Bird $748 Non Member Advance $548 Member Advance $825 Non Member Onsite $628 Member Onsite $898 Non Member
May 22-25, 2011 Black Enterprise Entrepreneurs Conference + Expo Atlanta Marriott Marquis, Atlanta, GA Info/800-209-7229 Website: www.blackenterprise.com Registration: Early Bird $295 (Dec 1-Mar 15) Regular $495 (Mar 16-Apr 25) Late/On-Site $695
June 4-7 , 2011 AMAC/FAA Airport Business Diversity Conference Omni Fort Worth, Fort Worth, TX Website: http://www.amac-org.com
June 15–18, 2011 National Association of Minority Contractors (NAMC) National Conference Westin Washington, Washington, D.C. Website: [email protected]
June 21-23, 2011 Women in Business Conference and Business Fair Mandalay Bay Resort and Casino, Las Vegas, NV Website: http://www.wbenc.org
Aug 10-13, 2011 National Sales Network 25th Anniversary Conference & Diversity Career Fair Hilton Americas, Houston, TX Website: www.salesnetworking.org
Aug 16-21, 2011 American Contract Compliance Training Institute Sheraton Bloomington Hotel, Bloomington, MN Website: www.acca.298.org Registration: Early Bird | Think Tank
Oct 30-Nov 2, 2011 National Minority Supplier Development Council (NMSDC) Annual Conference and Business Opportunity Fair Georgia World Congress Center, Atlanta, GA Website: http://www.nmsdc.org
All ACCA members are welcome to submit articles and share what’s going on in your respective states regarding upcoming events, awards, promotions, job openings; and ideas on initiatives and strategies that will grow the American Contract Compliance Association’s Training Institute.
looks forward to hearing from you!
Page 6ACCA
ACCA 2011STANDING COMMITTEES AND MEMBERS
STANDING COMMITTEES CHAIRS MEMBERS
Constitution and Bylaws Michael Martin (TX) Beverly Johnson (CA) 2nd Vice President Lynn Newsome (PA) [email protected] V. Gail Scott (TX) Justin Talbot-Stern (AZ) Colette Holt, General Counsel
Nominations Candace Waterman (DC) Earl Jenkins or Ken Neal (5 ACCA members none (Mid-Atlantic) (Northeast Region) from the same region) [email protected] Justin Talbot-Stern (AZ) Jan Lawson (TX) (Western Region) (Central) Deborah Walker-Brown(GA) [email protected] (Southern Region)
Education, Training and Lisa Alexander (IL) Gregory Jenifer (NJ) Professional Development 1st Vice President Jasmine Jones (FL) [email protected] Ruby Jones (OR) Jan Lawson (TX) V. Gail Scott (TX) Deborah Walker-Brown (GA)
Finance, Grants, and Bessie Papailias (CA) Elke Campbell (MO) Fund Raising Treasurer Gregory Jenifer (NJ) [email protected] Lindell Y. Miller (FL) Jerry Walker (OR) Candace Waterman (DC)
Membership, Beverly Johnson (CA) Gina Baker (CA) Publication, and Information Secretary Carol Hadnot (TX) [email protected] Jan Lawson (TX) Michael Martin (TX) V. Gail Scott (TX) Donna Stevenson (MD) Justin Talbot-Stern (AZ)
Legislation Lynn Newsome (PA) Michael Martin (TX) [email protected] Colette Holt, General Counsel
Executive Committee Jerry Walker (OR) Lisa Alexander (IL) President Michael Martin (TX) [email protected] Beverly Johnson (CA) Bessie Papailias (CA)
Members interested in serving on a Standing Committee(excluding the Nomination and Executive Committees)
please contact the Committee Chair via e-mail
Page 7 ACCA
THE AMERICAN CONTRACTCOMPLIANCE ASSOCIATION
Join us inCelebratingACCA’s
25th Anniversary at the2011 National Training Institute
August 16-21, 2011Sheraton Bloomington Hotel | Bloomington, MN
————————————————————————Overview of the
Training Institute’s CertificationsContinuing Education Units
The American Contract Compliance Association (ACCA) will continue its tradition of providing Continuing Education Units (CEUs) from Morgan State University, an accredited University. ACCA is proud to offer 2.1 CEUs to each training participant who attends at least 21 hours of training. You must sign the official attendance sheet for each class to ensure proper documentation of attendance hours. You are responsible for ensuring that your attendance is properly recorded. If attendance records do not show a minimum of 10 applicable hours of training, you will not receive a CEU Certificate. NO EXCEPTIONS! A minimum of 1 CEU (10 hours of training) can carry over from year to year.
Contract Compliance Administrator(CCA) Certification
Attendees who successfully complete the CCA program requirements accumulating at least 4.2 continuing education units (42 hours of training) through ACCA will receive ACCA’s certification as a Contract Compliance Administrator. This typically requires 2 years of training.
Master Compliance Administrator(MCA) Certification
Attendees who successfully complete the MCA program requirements accumulating at least 8.4 continuing education units (84 hours training) through ACCA will receive ACCA’s certification as a Master Compliance Administrator. This typically requires 4 years of training.
Master Compliance AdministratorGraduates (ONLY)
This year ACCA is offering a unique opportunity for MCA graduates to earn Continuing Education Units. The challenge is going out to all MCA graduates to participate in a two-day “Think Tank” workshop to develop comprehensive solutions to various industry related topics. For those who participate in the “Think Tank” sessions 1 CEU is offered for completing 10 hours of training. As usual you are responsible for signing the official attendance sheet and assuring that you are recorded for the proper credit.
Note: Course descriptions are in the design anddevelopment stages.
Beverly JohnsonCommittee [email protected]
Sub Committee MembersGina Baker • Carol HadnotRuby Jones • Jan Lawson
Michael Martin • V. Gail ScottDonna Stevenson • Justin Talbot-Stern
is a national publication of theAmerican Contract Compliance Association
March 2011 | Volume 1, Issue 1Website: acca298.org | 1-866-ACCA298 voice message
17 East Monroe Street, #150, Chicago, IL 60603
Publisher: Business Resource ConsultantsCentral Region Chapter
*Member Rate valid if applicable membership dues areincluded with applicable registration rate.
Note: Full Conference Registration includes cost of all courses,training materials, scheduled meals, and receptions.
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American Contract Compliance Association17 East Monroe Street, #150Chicago, IL 60603
Integrity, Courage and Commitment