Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 10 - Commissioner of Administration › Chapter 17 - Office of Equal Opportunity › Section 1 CSR 10-17.050 - Minority and Women's Business Enterprise Participation in Procurement Process

Current through Register Vol. 49, No. 14, July 15, 2024
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, and notification of
				bid opportunities to promote increased participation.
(2) By collaborating with the Divisions of
				Purchasing and Materials Management (DPMM) and Facilities Management, Design
				and Construction (FMDC) 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; referring M/WBEs to
				agencies that may provide specialized training or assist with financing and
				bonding issues; and actively collaborating with executive branch
				agencies.
(3) OEO will compile and
				maintain a directory of certified M/WBEs. The directory will include contact
				information for M/WBEs and information regarding the products and services they
				offer. The directory will be available online to bidders, contractors, and the
				public.
(4) OEO will establish
				M/WBE participation goals and 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 participation goals and
				programs to determine whether existing programs should be continued or revised
				and whether new programs should be implemented.
(5) By collaborating with DPMM, FMDC, and
				executive branch agencies, OEO may recommend M/WBE subcontracting goals to the
				agencies. To assist in achievement of those goals, OEO may also recommend to
				agencies solicitations in which M/WBE subcontracting 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
				participation.
(6) The following
				expenditures may be counted toward meeting established M/WBE goals in a
				contract financed in whole or in part with state funds:
(A) The total dollar value of a contract
				awarded to an M/WBE;
(B) The total
				dollars paid by a prime contractor to an M/WBE for supplies and materials
				provided to the state in fulfillment of the contract;
(C) That portion of the total dollar value
				subcontracted to a certified joint venture by a prime contractor equal to the
				percentage of the ownership and control of the M/WBE partner in the joint
				venture; and
(D) Only expenditures
				to M/WBEs that perform a commercially useful function related to the delivery
				of the supplies required by the contract.