Minority and Women’s Business Enterprise Participation in Procurement Process

PURPOSE: This rule establishes a program to encourage and facilitate the utilization of Minority Business Enterprises (MBEs) and Women’s Business Enterprises (WBEs) (collectively, M/WBEs) by assuring that they have the maximum opportunity to participate in procurements financed in whole or in part with state funds. (1) The Office of Equal Opportunity (OEO) will provide assistance to Minority and Women’s Business Enterprises (M/WBEs). Assistance provided may include, but is not limited to: workshops, bid history and pricing abstracts, minority vendor registration, access to state agency procurement staff, inclusion in the M/WBE online directory, notification of bid opportunities to promote increased participation, and referrals to agencies that may provide specialized training or assist with financing and bonding issues. (2) By collaborating with the Divisions of Purchasing and Facilities Management, Design and Construction within the Office of Administration, OEO will encourage participation in the procurement process and fairness in consideration of bids and proposals submitted by M/WBEs. Programs and procedures designed by OEO to accomplish these objectives may include: providing diversity training for state procurement personnel; identifying minority and women personnel to serve on evaluation committees; closely reviewing the requirements for bonding; notifying M/WBEs of procurement opportunities online; and actively collaborating with executive branch agencies. (3) OEO will compile and maintain a directory of certified M/WBEs. The directory will include each firm’s name, address, phone number, email address, firm’s status as an M/WBE, age of the firm, and the categories of work the firm has been certified to perform. The directory will be available online to bidders, contractors, and the public. (4) OEO will support the Division of Purchasing in setting individual contract percentages for M/WBEs to help meet the State’s Annual Aspirational Program Goals and work to further its programs in accordance with section 37.020, RSMo; any successor or similar statutes; executive orders based upon a study to determine the availability of qualified M/WBEs; and any other pertinent information. OEO will periodically review M/WBE contract goal setting procedures, M/WBE utilization percentages, and outreach and assistance programs to determine whether existing activities should be continued or revised and whether new programs should be implemented. (5) By collaborating with the Office of Administration, Division of Purchasing, and the Division of Facilities Management Design and Construction, and executive branch agencies, OEO may work with agencies to assist in the achievement of the State’s Annual Aspirational Program. OEO may also recommend to agencies solicitations in which M/WBE requirements may be appropriate; recommend that qualified M/WBEs be included on solicitation lists; and, when feasible, recommend structuring contracts to maximize potential M/WBE and small business participation. (6) The total dollar value of a purchase procured from an M/WBE may be counted toward meeting established M/WBE goals in procurements under twenty-five thousand dollars ($25,000) financed in whole or in part with state funds. (7) After the contract is established, OEO shall monitor the activity of the contractor to assure compliance with the M/WBE utilization stipulated in the contract and in accordance with applicable statutes and regulations. (8) Contractors that fail to comply with their M/WBE contractual requirements may be considered in breach of contract and may be subject to the remedies in the contract and as otherwise allowable by law. (9) OEO shall maintain statistics and issue periodic reports about M/WBE participation and recommendations for improvement. AUTHORITY: section 34.050, RSMo 2000, and section 37.020, RSMo Supp. 2014.* This rule originally filed as 1 CSR 40-1.070. Original rule filed Oct. 20, 1997, effective May 30, 1998. Amended: Filed March 24, 2000, effective Oct. 30, 2000. Amended: Filed June 1, 2011, effective Nov. 30, 2011. Amended: Filed April 5, 2016, effective Nov. 30, 2016. *Original authority: 34.050, RSMo 1939, amended 1945, 1993, 1995 and 37.020, RSMo 1990, amended 2014.