Arkansas Administrative Code › Agency 168 - Arkansas Economic Development Commission › Rule 168.00.17-004 - Minority Business Enterprise and Women-Owned Business Enterprise Certification Program

Current through Register Vol. 49, No. 6, June, 2024
I.
Introduction
The origins of the Minority Business Enterprise (MBE) and Women -
			 Owned Business Enterprise (WBE) Certification Program date back to the creation
			 of the Division of Minority Business Enterprise (Act 544 of 1977) and the
			 passage of the "Minority Business Economic Development Act" (Act 698 of 1991)
			 which established a goal for state agencies to annually procure ten percent
			 (10%) of goods and services from minority businesses. Administration of the
			 Minority Business Economic Development Act was transferred from the Department
			 of Commerce to the Department of Economic Development, now the Arkansas
			 Economic Development Commission (AEDC), in 1979 (Act 1060 of 1979).
Act 1456 of 2003 required the AEDC, through the Division of
			 Minority Business Enterprise, to develop a certification process for minority
			 business enterprises seeking state procurement opportunities. Currently, the
			 Division of Minority Business Enterprise, renamed the Division of Minority and
			 Women-Owned Business Enterprise (Division) by Act 1080 of 2017, and the Office
			 of State Procurement of the Department of Finance and Administration work
			 closely to implement program requirements.
Subsequent amendments to the Minority Business Economic
			 Development Act in 2003, 2007, 2009, 2011, and 2017 have changed the name of
			 the act to the Minority and Women - Owned Business Economic Development Act;
			 expanded and added definitions; enhanced reporting requirements; renamed and
			 expanded the duties of the Division of Minority Business Enterprise and the
			 Minority Business Advisory Council; enhanced the responsibilities of the Office
			 of State Procurement of the Department of Finance and Administration; modified
			 procurement target percentages; and expanded the program to include additional
			 minority groups, service - disabled veterans, and women - owned
			 businesses.
Certification by the Minority Business Enterprise and Women -
			 Owned Business Enterprise Certification Program, although not a prerequisite
			 for contracting with the State of Arkansas for goods and services, enhances the
			 ability of businesses to better understand the state procurement and
			 contracting processes, be aware of state contracting opportunities, and gain
			 exposure through publication of company information in the Division's online
			 directory of minority business enterprises and women - owned business
			 enterprises. This, consequently, helps minority - owned and women - owned
			 businesses compete for state contracts and strengthens state agencies'
			 abilities to meet procurement spending targets which are:
* Ten percent (10%) for minority business enterprises with two
			 percent (2%) allocated for service - disabled veteran-owned minority business
			 enterprises and eight percent (8%) for all other minority business enterprises;
			 and
Contact Information
For more information, please contact:
Arkansas Economic Development Commission
Division of Minority and Women - Owned Business Enterprise
900 West Capitol Avenue, Suite 400
Little Rock, AR 72201
(501) 682-1121
II.
Rulemaking Authority
The AEDC has authority, at & 15-4-314, to promulgate rules
			 necessary to create a minority business enterprise and women-owned business
			 enterprise certification process.
III.
Definitions
A. "Minority" means a lawful permanent
		  resident of the State of Arkansas who is:
(i)
		  African American;
(ii) American
		  Indian;
(iii) Asian
		  American;
(iv) Hispanic
		  American;
(v) Pacific Islander
		  American; or
(vi) A
		  service-disabled veteran as designated by the United States Department of
		  Veteran Affairs;