Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-4 - Compliance monitoring

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 4.
(a) In the
				management of this program, the department shall exercise its rights to employ
				all available administrative actions and remedies to ensure that the goals and
				intent of the program are successfully met. Therefore, the department shall
				serve as the final authority in the authentication, acceptance, and
				certification of MBE and WBE enterprises according to the criteria established
				in this article.
(b) The department
				shall be final authority in the review, acceptance, and approval of all MBE and
				WBE affidavits and subcontractor plans, and applications for MBE/WBE program
				waivers, which are included in bid packages. In the performance of these
				duties, the department shall:
(1) Review all
				MBE and WBE affidavits and subcontractor plans, and applications for MBE or WBE
				program waivers, after the bid opening and before the award of the contract, in
				order to verify the authenticity of the documents and the successful bidder's
				adherence to the rules and regulations set forth in the contract
				documents.
(2) Contact and
				interview the successful bidder or its listed subcontractors and material
				suppliers if further information is required to establish authenticity and to
				issue approval of the submitted documentation.
(3) Conduct audits, as necessary, of the
				accounting records of the successful bidder and the MBE and WBE participants to
				determine and establish their authenticity for the final acceptance and
				approval of the documentation.
(4)
				Issue an official NOTICE OF REJECTION when it has been determined that the
				successful bidder has not complied with the instructions set forth in the
				contract documents and this rule. The department may direct the successful
				bidder to submit revised documentation within five (5) working days or file for
				an official application for MBE/WBE program waiver. The department shall
				reserve the right to reject any and all bids when the successful bidder fails
				to respond to the department's request.
(5) Issue an official NOTICE OF CONDITIONAL
				APPROVAL when the following has been determined:
(A) That the successful bidder has
				demonstrated a good faith effort towards compliance to the program, but when
				one (1) or more of the MBE or WBE enterprises listed does not conform to the
				guidelines of this article.
(B)
				When the levels of participation do not reach the goal of the project.
After a review of the situation and circumstances, the
				  successful bidder may be directed to submit a revised MBE or WBE subcontractor
				  plan or may be granted an official MBE/WBE program waiver, thereby allowing an
				  exception to the goal for the project or any portion thereof.
(6) Issue an approval of the MBE
				or WBE subcontractor plan when it has been determined that the successful
				bidder has achieved compliance with the project goal.
(7) Issue an MBE/WBE program waiver from all
				or part of the project goal when it has been determined that the successful
				bidder has employed a good faith effort towards compliance to the program and
				when it has been determined that the realization of the project goal will not
				be feasible because of circumstances which are beyond the control of the
				bidder.
(8) Make recommendations to
				the appropriate agencies for further investigation if misrepresentation is
				suspected.