reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.9 - Ex Parte Communications

Current through June 14, 2024
There shall be no communications between the Hearing
					 Officer and a Party or any of their representatives regarding any issue of fact
					 or law in a case, without notice and opportunity for all Parties to
					 participate.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.10 - Rules of Evidence

Current through June 14, 2024
A. Irrelevant,
				 immaterial, or unduly repetitious evidence shall be excluded. The Rules of
				 Evidence as applied in civil cases in the Superior Courts of this State shall
				 be followed; but, when necessary to ascertain facts not reasonably susceptible
				 of proof under the Rules, evidence not admissible under those Rules may be
				 submitted if it is of a type commonly relied upon by reasonably prudent men and
				 women in the conduct of their affairs. The Hearing Officer shall give effect to
				 the Rules of Privilege recognized by law. Objections to evidence may be made
				 and shall be noted in the record.
B. A copy the Hearing Officer's decision
				 shall be served upon the Associate Director and all Parties to the
				 proceeding.
C. In the event a
				 decision is found in favor of the Administrator, and after approval by the
				 Associate Director, the Office may issue an Order.
D. Any Order issued by the Office shall be
				 considered a Final Order and may be appealed in accordance with the
				 Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1
et
				 seq.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.11 - Severability

Current through June 14, 2024
If any provision of this Regulation or the application
					 thereof to any person or circumstances is held invalid or unconstitutional, the
					 invalidity or unconstitutionality shall not affect other provisions or
					 applications of this Regulation which can be given effect without the invalid
					 or unconstitutional provision or application, and to this end the provisions of
					 this Regulation are severable.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 3 - Rules and Regulations Relating to Equal Employment Opportunity (220-RICR-80-05-3) › Section 220-RICR-80-05-3.1 - Authority

Current through June 14, 2024
R.I. Gen. Laws §
										28-5.1-12 relating to Equal Employment Opportunity, sets forth the procedures and
					 authority of the Rhode Island State Equal Opportunity Office to enforce the
					 State's policy of equal opportunity and affirmative action.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 3 - Rules and Regulations Relating to Equal Employment Opportunity (220-RICR-80-05-3) › Section 220-RICR-80-05-3.2 - Purpose

Current through June 14, 2024
Equal opportunity and affirmative action towards its
					 achievement is the policy of all units of Rhode Island state government,
					 including all public and quasi-public agencies, commissions, boards and
					 authorities; and in the classified, unclassified and non-classified services of
					 state employment; provided, that the mandatory provisions of this section shall
					 not apply to the legislative branch of state government.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.1 - Purpose and Authority

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §
										37-14.1-7 which relates to Minority Business Enterprise and R.I. Gen. Laws §
										42-35-1 relating to the Administrative Procedures Act, the Rhode Island Department of
					 Administration has developed Rules and Regulations governing the certification
					 and decertification of small businesses that are owned and controlled by
					 minorities, woman or disadvantaged individuals to participate in state and
					 federal programs administered by the State of Rhode Island. To qualify as a
					 Minority Business Enterprise (MBE), a firm must meet eligibility standards
					 established in §§
										1.4  through
					   1.9     of this
					 Part.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.2 - Definitions

Current through June 14, 2024
A. "Annual update" means the information
				 required from a certified firm prior to its anniversary date. Materials to be
				 furnished may include, but not necessarily be limited to, most recently filed
				 personal and business tax returns, year-end financials, personal financial
				 statement(s) of all owners, and a no change affidavit.
B. "Applicant" means any business that
				 applies to the Department of Administration for certification, decertification,
				 reconsideration or appeal.
C.
				 "Architect-engineer" means:
1. Professional
				 services of an architectural or engineering nature, as defined by Rhode Island
				 State Law, if applicable, which are required to be performed or approved by a
				 person licensed, registered, or certified to provide such services.
2. Other professional services associated
				 with research, planning, development, design, construction, alteration, or
				 repair of real property that the contracting officer determines are of an
				 architectural or engineering nature.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.3 - Incorporated Materials

Current through June 14, 2024
This certifying authority is not limited to basing
					 certification or decertification solely on the criteria outlined in these rules
					 and regulations but may consider regulations established by other awarding
					 and/or certifying authorities, including, but not necessarily limited to,  49
					 C.F.R. Part 23  (April 2009),  49 C.F.R. Part 26  (October 2014), 13 C.F.R. Part
					 121 (September 2017) and  13 C.F.R. Part 124  (October 2016), incorporated
					 herein, not including later amendments or editions thereof.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.4 - Certification Criteria

Current through June 14, 2024
A. D.O.A. will
				 certify or recertify only those firms which meet all of the requirements as
				 outlined below:
1. Be a small business concern
				 as defined pursuant to Section
				   3     of the Federal Small
				 Business Act (15 U.S.C. §§
												632 and  637) and
				 implementing regulations ( 13 C.F.R. Part 121 ), and fulfill one of the
				 definitions as defined in §§
											1.2(O) or
				 (Q)     of this Part.
2. Owner(s) must be a member of a definable
				 minority group, woman, and/or an individual(s), found to be both socially and
				 economically disadvantaged (as defined in
				  49 C.F.R. §
												26.67).
3. Minority, Disadvantaged or Women
				 partners/shareholders must own at least 51 percent of the business.
4. Minority, Disadvantaged or Women owners
				 must possess control of the business and the power to direct or cause the
				 direction of the management and policies of the firm and to make the day-to-day
				 as well as major decisions on management, policy and operations.
5. Minority, Disadvantaged, or Women owners
				 must be substantial investors in the business.
6. The business must be an ongoing
				 concern.
7. The business must be in
				 operation a minimum of six (6) months prior to applying for
				 certification.
8. Existing
				 businesses whose ownership and control has been transferred to minorities or
				 women must be in the control of the minorities/women a minimum of six (6)
				 months prior to applying for certification.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.5 - Membership Requirement

Current through June 14, 2024
A. A member of a
				 definable minority group means a person who is a citizen or lawful permanent
				 resident of the United States and who is:
Black
All persons having origins in any of the Black
								racial groups of Africa.
Hispanic
All persons of Mexican, Puerto Rican, Cuban,
								Central or South American, or other Spanish culture or origin, regardless of
								race.
American Indian/ Alaskan Native
All persons having origins in any of the original
								peoples of North America.
Asian American
All persons having origins in any of the original
								peoples of the Far East, Southeast, Southeast Asia, the Indian Subcontinent, or
								the Pacific Islands.
Portuguese
All persons of Portuguese, Brazilian or other
								Portuguese culture or origin regardless of race.
Woman
Any female qualifies as a class of minority.
Disadvantaged
Members of other groups or other individuals, found
								to be economically and socially disadvantaged by the small Business
								Administration under Section
								  8(a)     of the
								Small Business Act, as amended (15 U.S.C. Chapter 637(a)).
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.6 - Ownership Requirements

Current through June 14, 2024
A. An applicant
				 must satisfy either of §§
										1.6(A)(1) and (2) or
				 (3)     of this Part, as well as §§
										1.6(A)(4) through
				 (6)     of this Part below in order to be
				 considered 51 percent owned by members of a definable minority group:
1. In a corporate form of organization, the
				 Minority, Disadvantaged or Women shareholders of the corporation must own at
				 least 51 percent of each and every class of stock, including 51 percent of all
				 voting stock in the corporation; or
2. In a partnership form of organization, the
				 Minority, Disadvantaged or Women partners must own at least 51 percent of the
				 partnership; or
3. In any other
				 form of organization, the Minority, Disadvantaged, or Women owners must own at
				 least 51 percent of the business interest of the organization including but not
				 limited to 51 percent of the ownership of assets, dividends, and intangible
				 assets such as copyrights and patents; and
4. The Minority, Disadvantaged or Women
				 owners must demonstrate that they are entitled to receive profits from the
				 business firm and that they are entitled to share in any other benefit which
				 accrues to all owners of the business firm; and
5. The Minority, Disadvantaged or Women
				 owners must substantially share in all the risks assumed by the business firm,
				 and
6. The business firm cannot at
				 any time enter into any agreement, option, scheme, or create any rights of
				 conversion, which if exercised, would result in less than 51 percent minority,
				 disadvantaged or women ownership of the business firm.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.7 - Control Requirements

Current through June 14, 2024
A. To prove that
				 the minority, disadvantaged or women owners possess control over the business,
				 an applicant must satisfy all the requirements of §§
										1.7(A)(1) through
				 (3)     of this Part below:
1. The Minority, Disadvantaged or Women
				 owners must demonstrate that they have control over:
a. The day-to-day management of the business,
				 and
b. The policy-making mechanism
				 of the business.
(1) The ownership and control
				 by the Minority, Disadvantaged or Women owners must be real, substantial, and
				 continuing and shall go beyond the pro forma ownership of the firm as reflected
				 in its ownership document.
(2) The
				 Minority, Disadvantaged or Women owners must establish their control by
				 providing substantial evidence that they possess the power to direct or cause
				 the direction of the management of the firm and to make day-to-day as well as
				 major decisions on matters of management, policy, and operations by
				 establishing the following:
c. Have the power to direct or cause the
				 directions of the purchase of goods, equipment, business inventory and services
				 needed in the day-to-day operation of the business.
d. Have the authority to hire and fire
				 employees, including those to whom management authority is delegated.
e. Be an authorized signature on all
				 corporate accounts-checking, savings, and other financial accounts.
f. Have a thorough knowledge of the financial
				 structure of the business and authority to determine all financial
				 affairs.
g. Have the capability,
				 knowledge and experience required to make decisions regarding the particular
				 type of work engaged in by the MBE.
h. Have displayed independence and initiative
				 in seeking and negotiating contracts, accepting and rejecting bids and in
				 conducting all major aspects of the business.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.8 - Substantial Investment in Business Requirement

Current through June 14, 2024
A. The
				 Minority, Disadvantaged or Women owners must demonstrate that they have
				 substantial personal investment in the Business. Proof of such substantial
				 investment must be established by producing evidence of the following:
1. A substantial amount of money invested in
				 the business, or
2. Investment in
				 the form of capital, equipment, contribution of property, space, patents and
				 copyrights.
a. Contributions of personal or
				 professional services alone will not be considered substantial investment" for
				 the purpose of this section. However, a contribution of such services will
				 receive consideration when given in conjunction with other tangible forms of
				 investment.
b. There will be an
				 irrefutable presumption that the Minority, Disadvantaged or Women owners have
				 not made a substantial investment in the business if a significant portion of
				 the applicant's equity is financed by a loan or gift from a non-minority
				 corporation, partnership or individual that has a significant interest in the
				 applicant.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.9 - Continuing Operational Requirement

Current through June 14, 2024
The applicant must be an ongoing business concern; it must
					 demonstrate to the satisfaction of the Department of Administration that it was
					 not established solely for the purpose of competing for MBE
					 programs.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.10 - Applications

Current through June 14, 2024
Applicants must complete the application supplied by the
					 Rhode Island Department of Administration, supply all the information requested
					 therein, agree to supply any additional information requested by D.O.A. and
					 agree to be bound by all the provisions and regulations governing the
					 certification and recertification process as detailed by these
					 regulations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.11 - Intake and Evaluation Procedures

Current through June 14, 2024
A. The caseworker
				 and/or representative of D.O.A. will review each application to determine if
				 the applicant has submitted a complete application.
B. If the applicant has failed to submit all
				 requested information, the applicant will be notified via mail or by email at
				 the address furnished by the applicant by the caseworker and/or representative
				 of D.O.A. detailing what required information is missing from their
				 application.
C. Any application for
				 which all requested information is not received within a 30 calendar day period
				 from the date of the notification will either be withdrawn and the applicant
				 cannot reapply earlier than 60 days from the expiration of the 30 day period,
				 or the application may be denied.
D. The caseworker and/or representative of
				 D.O.A. will evaluate the completed application and may conduct a site visit and
				 complete a site visit report if it felt that further investigation of the
				 applicant firm is warranted to determine whether the applicant meets the
				 requirements for certification as an MBE. This evaluation will be completed
				 within a reasonable time after receipt of the completed application, which
				 shall not exceed ninety (90) days.
1. While
				 the office is awaiting additional information from the applicant, the ninety
				 (90) day period for processing an application is suspended until all additional
				 information requested from the applicant has been received.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.12 - Appeal Procedures

Current through June 14, 2024
A. Appeal hearings
				 before the C.R.C. shall be conducted pursuant to R.I. Gen. Laws §§
										42-35-9 through 16.
B. Applicant firms
				 seeking an appeal hearing before the C.R.C. must notify D.O.A. in writing of
				 its intention to appeal within ten (10) days of the receipt of the denial
				 determination.
C. At the hearing,
				 the C.R.C. will consider evidence and matters officially noticed.
D. Conduct at the Hearing
1. The applicant and all parties present at
				 the hearing shall conduct themselves in a manner consistent with the standards
				 of judicial decorum accepted by the courts of Rhode Island. Where such decorum
				 is not observed, the Chairperson of the CRC or his or her designee will have
				 the authority to take appropriate action, including ejectment or adjournment,
				 if necessary.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.13 - Decertification

Current through June 14, 2024
D.O.A. may, at any time after it has certified an MBE
					 withdraw certification if the status of that firm's ownership, control, or
					 management make such action necessary, or if it fails to maintain its status as
					 an ongoing business, or it has violated the guidelines of an awarding authority
					 or no longer qualifies as a small business concern. A firm may be decertified
					 by the D.O.A. after being provided with an opportunity to be heard by the MBE
					 Compliance Office. Firms decertified by the D.O.A. may seek an appeal of the
					 decertification determination before the C.R.C.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.14 - Grounds for Complaint

Current through June 14, 2024
A. Any person,
				 including a D.O.A. staff member or a representative of an awarding authority,
				 can, in writing, make a complaint to D.O.A. against any MBE if that person
				 believes that the MBE is abusing its certified status or failing to conduct
				 itself as a bona fide MBE D.O.A. reserves the right to investigate any and all
				 complaints.
B. If, after its
				 investigation, D.O.A. finds that an MBE:
1.
				 submitted inaccurate or false information to D.O.A. during the certification or
				 recertification process; or
2. has
				 violated the guidelines of an awarding authority; or
3. has changed its ownership, control, or
				 management without notifying D.O.A. within thirty (30) days of such change;
				 or
4. has failed to conduct itself
				 as a bona fide MBE or to maintain its status as an ongoing concern, it may seek
				 an informal resolution to the problem, hold a hearing, or immediately decertify
				 the MBE.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.15 - Informal Resolution

Current through June 14, 2024
A. If D.O.A.
				 chooses to seek an informal resolution to the problem, it will:
1. advise the enterprise of the allegations
				 made against it, and
2. inform the
				 enterprise of the findings of the representative who investigated its case,
				 and
3. request that the MBE/WBE
				 take voluntary action to correct the problem within thirty (30) days of
				 notification.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.16 - Annual Update

Current through June 14, 2024
A. The Rhode Island
				 Department of Administration requires that all certified firms update their
				 business information on an annual basis. Failure to furnish requested
				 information may result in loss of certification, after being provided with the
				 opportunity to be heard by the MBE Compliance Office.
B. D.O.A. shall issue a Notice Of Pending
				 Expiration of Certification to each MBE or WBE approximately sixty (60) days
				 before the expiration of the certification period-however, failure of D.O.A. to
				 issue the notice or failure of the certified MBE or WBE to receive the notice
				 shall not extend the existing certification period nor relieve the MBE or WBE
				 of the obligation to submit a timely application for recertification in
				 accordance with this section.
C.
				 The application for Renewal of Certification shall be submitted to D.O.A. not
				 less than thirty (30) days before the date of expiration of the existing
				 certification.
D. Applications for
				 recertification shall meet all of the requirements for application for
				 certification set forth in §§
										1.4     through §
										1.9     of this Part with all
				 information, and documents, updated to the date of the application for
				 renewal.
E. Failure of a certified
				 firm to recertify in a timely manner will result in this firm not being
				 recertified by D.O.A. A firm that fails to provide all information required for
				 recertification must submit a new certification application, with all
				 accompanying documents and this application will be processed as prescribed in
				 §
										1.11     of
				 this Part.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.17 - Effect of Prior MBE or WBE Certification by Another State or Federal Agency

Current through June 14, 2024
Prior MBE or WBE certification of the applicant by another
					 state or federal agency or a Unified Certification Program (UCP) shall be
					 considered by the D.O.A., but in no case shall this prior certification be
					 considered conclusive proof that the applicant is eligible for
					 certification.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.18 - Judicial Review

Current through June 14, 2024
An applicant may seek judicial review of any final
					 administrative decision of the D.O.A. and/or the C.R.C. in accordance with R.I.
					 Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 1 - Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island (220-RICR-80-10-1) › Section 220-RICR-80-10-1.19 - Severability

Current through June 14, 2024
The provisions of this document are severable, and if any
					 of the provisions shall be held to be unconstitutional by any court of
					 competent jurisdiction, the decision of such court shall not affect or impair
					 any of the remaining provisions.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.1 - Authority

Current through June 14, 2024
The Regulations published herein have been approved and
					 established by the Director of Administration pursuant to R.I. Gen. Laws
					 §§
										37-14.1-6,
					  37-14.1-7,
					 and
					  37-2.2-3.1 and have been promulgated by the Department of Administration in accordance
					 with the "Administrative Procedures Act", R.I. Gen. Laws Chapter
					 42-35.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.2 - Purpose

Current through June 14, 2024
To support the fullest possible participation of businesses
					 owned and controlled by individuals who are minorities, individuals who are
					 women, and individuals with disabilities in State public works projects and in
					 State purchases of goods and services.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.3 - Scope

Current through June 14, 2024
All State Agencies as defined herein shall comply with
					 these Regulations; provided, however, that pursuant to R.I. Gen. Laws
					 §§
										37-14.1-7 and
					  37-14.1-8 the Director of the Department of Transportation has received delegated
					 authority to adopt regulations consistent with R.I. Gen. Laws Chapter 37-14.1
					 thereby exempting the Department of Transportation from the requirements of
					 these Regulations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.4 - Waivers

Current through June 14, 2024
The Director of Administration may waive strict application
					 of these Regulations when it has been determined in writing that the Proposer
					 or Bidder must satisfy requirements of federal law which achieve the goals and
					 purpose of these Regulations. The Director must provide written notice of any
					 waiver to the ODEO and the Governor's Commission on Disabilities. All such
					 notices shall be available for public inspection.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.5 - Severability

Current through June 14, 2024
If any part or provision of these Regulations or the
					 application of any part or provision to any person, entity, or circumstances is
					 judged invalid by any court of competent jurisdiction, the judgment shall be
					 confined in its operation to the part of or provision of or application
					 directly involved in the controversy in which the judgment has been rendered
					 and shall not affect or impair the validity of the remainder of these
					 Regulations or it applications to other persons, entities, or
					 circumstances.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.7 - Request for Proposals

Current through June 14, 2024
A. This section
				 applies whenever the Division or a State Agency seeks to procure goods,
				 services, and/or public works projects through the issuance of an
				 RFP.
B. ISBE Participation
				 Criterion
1. Criterion. All RFP solicitations
				 for goods, services, and/or public works projects must include a criterion for
				 ISBE participation.
2. Weight. The
				 standard weight for the ISBE participation criteria shall be 6 points out of a
				 total of 106 evaluation points available to the Proposers.
3. Periodic Review. The ODEO shall
				 periodically review the standard weight for the ISBE participation
				 criterion.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.8 - Request for Quotes

Current through June 14, 2024
A. This section
				 applies whenever the Division or a State Agency seeks to procure goods,
				 services, and/or public works projects through the issuance of an
				 RFQ.
B. Aggregate Utilization Rate.
				 The Aggregate Utilization Rate is ten percent (10%) provided that, in the event
				 the percentage set forth by R.I. Gen. Laws §
										37-14.1-6 is amended, the Aggregate Utilization Rate herein shall also be amended so that
				 it always reflects the percentage set forth by R.I. Gen. Laws §
										37-14.1-6.
C. Sub Goals. With the approval of the
				 Director, the ODEO may establish Sub Goals. Sub Goals shall not be approved
				 unless the ODEO demonstrates that the Sub Goals are consistent with
				 underutilization data received through a disparity study and/or pertinent
				 analytic data derived from the recordkeeping of State Agencies.
D. State Agency Responsibilities
1. MBE/WBE Coordinator. For each RFQ issued,
				 the Using Agency shall designate an MBE/WBE Coordinator no later than the time
				 the RFQ is issued. For each RFQ assigned to him or her, the MBE/WBE Coordinator
				 shall be responsible for compliance oversight and tracking and recordkeeping
				 all data and information that is required to be reported by each State Agency
				 under §
											2.11     of this Part.
2. Agency Procedures. Each State Agency shall
				 attempt to achieve the Aggregate Utilization Rate by applying one of the two
				 methods as described in §§
											2.8(D)(3) and (4)     of this Part.
3. Prime Contractor Method. For each
				 procurement where Bidders will be serving as a prime contractor, the Using
				 Agency shall ensure that it tries to achieve, at a minimum, the Aggregate
				 Utilization Rate. The Using Agency shall ensure that the Bidder either meets or
				 exceeds this requirement or has been granted a good faith waiver.
4. No Prime Contractors. In lieu of using the
				 prime contractor method described in §
											2.8(D)(3)     of this Part above, the
				 Using Agency may meet the Aggregate Utilization Rate by ensuring that the rate
				 is met in the aggregate for each fiscal year. MBEs/WBEs may be solicited
				 directly to accomplish this requirement.
5. Compliance with Sub Goals. In the event
				 Sub Goals are established by the ODEO, State Agencies must track all data and
				 keep records relating to the established Sub Goals.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.9 - Standard Forms

Current through June 14, 2024
The ODEO in consultation with the Division and the
					 Governor's Commission on Disabilities is authorized to develop, adopt, and
					 publish uniform documents and standard forms as the ODEO deems appropriate to
					 ensure consistency in effectuating these Regulations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.10 - RFP/RFQ Language

Current through June 14, 2024
All solicitations covered by these Regulations should
					 include language that references R.I. Gen. Laws Chapters 37-14.1 and
					 37-2.2.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.11 - Recordkeeping

Current through June 14, 2024
State Agencies shall keep records relating to the
					 utilization of ISBEs for each of their solicitations and resulting contracts.
					 The records shall include at a minimum the name of the Proposer or Bidder that
					 is awarded the contract, the name of each ISBE that subcontracts with the
					 Proposer or Bidder, the subcategory of each ISBE (i.e. WBE, MBE, Disability
					 Business Enterprise), any additional MBE/WBE subcategories that have
					 established Sub Goals, the dollar value that corresponds with each subcontract,
					 the Proposer's proposed ISBE Participation Rate, the Bidder's proposed MBE/WBE
					 utilization rate as indicated in the Bidder's approved MBE/WBE Compliance Plan,
					 the Proposer's actual ISBE Participation Rate, and the Bidder's actual MBE/WBE
					 utilization rate. State agencies shall complete and submit all standard forms
					 adopted pursuant to §
										2.9     of this Part and shall
					 report such information to the ODEO and the Governor's Commission on
					 Disabilities on an annual basis or as requested by the ODEO or the Governor's
					 Commission on Disabilities.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 10 - Minority Business Enterprise › Part 2 - Regulations Governing Participation by Small Business Enterprises in State Purchase of Goods and Services and in Public Works Projects (220-RICR-80-10-2) › Section 220-RICR-80-10-2.12 - Amendments

Current through June 14, 2024
The Regulations may be rescinded or amended from time to
					 time with the approval of the Director. Any amendments must be promulgated by
					 the Department of Administration on behalf of the Director in accordance with
					 the "Administrative Procedures Act", R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 15 - Veteran Business Enterprise › Part 1 - Certification and Decertification of Veteran Business Enterprises by the State of Rhode Island and Participation by Veteran Business Enterprises in State Purchases of Goods and Services and Public Works Projects › Section 220-RICR-80-15-1.1 - Authority

Current through June 14, 2024
The Regulations published herein have been approved and
					 established by the Director of Administration pursuant to R.I. Gen. Laws
					 §§
										37-14.3-4 and
					  37-14.3-5.
					 To qualify as a Veteran Business Enterprise (VBE), a firm must meet eligibility
					 standards established in §
										1.5     of this
					 Part.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 15 - Veteran Business Enterprise › Part 1 - Certification and Decertification of Veteran Business Enterprises by the State of Rhode Island and Participation by Veteran Business Enterprises in State Purchases of Goods and Services and Public Works Projects › Section 220-RICR-80-15-1.2 - Purpose

Current through June 14, 2024
A. To support the fullest possible
				 participation of Veteran Business Enterprises (VBEs) in State public works
				 projects and in State purchases of goods and services.
B. To develop rules and regulations governing
				 the certification and decertification of Veteran Business Enterprises (VBEs) to
				 participate in State public works projects and in State purchases of goods and
				 services.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 15 - Veteran Business Enterprise › Part 1 - Certification and Decertification of Veteran Business Enterprises by the State of Rhode Island and Participation by Veteran Business Enterprises in State Purchases of Goods and Services and Public Works Projects › Section 220-RICR-80-15-1.4 - Incorporated Materials

Current through June 14, 2024
This certifying authority is not limited to basing
					 certification or decertification solely on the criteria outlined in these rules
					 and regulations, but may consider regulations established by other awarding
					 and/or certifying authorities, including, but not necessarily limited to,  49
					 C.F.R. Part 26  (October 2014),  13 C.F.R. Part 121  (September 2017) and  13
					 C.F.R. Part 124  (October 2016), incorporated herein, not including later
					 amendments or editions thereof.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 15 - Veteran Business Enterprise › Part 1 - Certification and Decertification of Veteran Business Enterprises by the State of Rhode Island and Participation by Veteran Business Enterprises in State Purchases of Goods and Services and Public Works Projects › Section 220-RICR-80-15-1.5 - Certification Criteria

Current through June 14, 2024
A. DOA will certify
				 or recertify only those firms which meet all of the requirements as outlined
				 below:
1. Be a small business concern as
				 defined pursuant to the U.S. Small Business Administration criteria and size
				 standards in  13 C.F.R. Part 121.
2.
				 Owner(s) must be a veteran found to be economically disadvantaged, in
				 accordance with  49 C.F.R. Part 26.
3. Veteran owners/partners/shareholders must
				 own at least fifty-one percent (51%) of the business.
4. Veteran owners must possess control of the
				 business and the power to direct or cause the direction of the management and
				 policies of the firm and to make the day-to-day as well as major decisions on
				 management, policy and operations.
5. Veteran owners must be substantial
				 investors in the business.
6. The
				 business must be an on-going concern.
7. The business must be in operation a
				 minimum of six (6) months prior to applying for certification.
8. Existing businesses whose ownership and
				 control have been transferred to veterans must be in the control of the
				 veterans a minimum of six (6) months prior to applying for
				 certification.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 15 - Veteran Business Enterprise › Part 1 - Certification and Decertification of Veteran Business Enterprises by the State of Rhode Island and Participation by Veteran Business Enterprises in State Purchases of Goods and Services and Public Works Projects › Section 220-RICR-80-15-1.6 - Applications

Current through June 14, 2024
Applicants must complete the application supplied by DOA,
					 supply all of the information requested therein, agree to supply any additional
					 information requested by DOA, and agree to be bound by all the provisions and
					 regulations governing the certification and recertification process as detailed
					 by these regulations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 15 - Veteran Business Enterprise › Part 1 - Certification and Decertification of Veteran Business Enterprises by the State of Rhode Island and Participation by Veteran Business Enterprises in State Purchases of Goods and Services and Public Works Projects › Section 220-RICR-80-15-1.7 - Intake and Evaluation Procedures

Current through June 14, 2024
A. The caseworker
				 and/or representative of DOA will review each application to determine if the
				 applicant has submitted a complete application.
B. If the applicant has failed to submit all
				 requested information, the applicant will be notified via mail or by email at
				 the address furnished by the applicant by the caseworker and/or representative
				 of DOA detailing what required information is missing from their
				 application.
C. Any application for
				 which all requested information is not received within a thirty (30) calendar
				 day period from the date of the notification will either be withdrawn, and the
				 applicant cannot reapply earlier than sixty (60) days from the expiration of
				 the thirty (30) day period, or the application may be denied.
D. The caseworker and/or representative of
				 DOA will evaluate the completed application and may conduct a site visit and
				 complete a site visit report if it felt that further investigation of the
				 applicant firm is warranted to determine whether the applicant meets the
				 requirements for certification as a VBE. This evaluation will be completed
				 within a reasonable time after receipt of the completed application, which
				 shall not exceed ninety (90) days.
1. While
				 the office is awaiting additional information from the applicant, the ninety
				 (90) day period for processing an application is suspended until all additional
				 information requested from the applicant has been received.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 15 - Veteran Business Enterprise › Part 1 - Certification and Decertification of Veteran Business Enterprises by the State of Rhode Island and Participation by Veteran Business Enterprises in State Purchases of Goods and Services and Public Works Projects › Section 220-RICR-80-15-1.8 - Appeal Procedures

Current through June 14, 2024
A. Appeal hearings
				 before the CRC shall be conducted pursuant to R.I. Gen. Laws §§
										42-35-9 through 16.
B. Applicant firms
				 seeking an appeal hearing before the CRC must notify DOA in writing of its
				 intention to appeal within ten (10) days of the receipt of the denial
				 determination.
C. At hearing, the
				 CRC will consider evidence and matters officially noticed.
D. Conduct at the Hearing
1. The applicant and all parties present at
				 the hearing shall conduct themselves in a manner consistent with the standards
				 of judicial decorum accepted by the courts of Rhode Island. Where such decorum
				 is not observed, the Chairperson of the CRC or his or her designee will have
				 the authority to take appropriate action, including ejectment or adjournment,
				 if necessary.