The Minority and Womens Business Enterprises

1
The Minority and Womens Business Enterprises

• Vendor Education and Contract Compliance

2
Vendor Education and Expectations
3
Education of Prime and Sub-Contractors

• The Request for Information Sessions and the
  Solicitation Packages educate potential
  contractors about the following
• Minority Participation Guidelines
• Minority Participation Plan
• Utilization of the Certified Minority and Womens
  Business Directory

4
Acknowledgement Letters

• Effective May 23, 2005
• Required for the following solicitations
• Request for Proposal (RFP)
• Request for Quote (RFQ)
• Bid

5
Letter Requirements

• Letter of Acknowledgement must accompany Minority
  Participation Plan.
• The letter(s) must be signed and on company
  letterhead from the minority and/or women owned
  business stating the level of participation in
  this solicitation.

6
Penalties for Non-Compliance

• A Contractor may be denied participation points
• If the letter is not attached
• If the letter (s) is attached but is not on
  company letterhead
• If the letter (s) is not signed
• If the letter does not reference and match the
  level of participation for this solicitation

7
Contract Compliance Monitoring
8
Random Audits

• We now have two full-time professionals
  designated to the responsibility of meeting the
  Divisions Contract Monitoring requirements.
• Review electronic data
• Utilize procurement records
• Obtain a copy of active contracts

9
Reporting Letters

• Reporting Letters are sent out to Prime
  Contractors and Sub-Contractors to confirm
  payments made and received during a specified
  period.
• Each party is given 10 business days to respond.

10
Sanctions for Non-Responsiveness

• Withholding of Payments to Prime Contractor for
  specific contract
• Adjustment to Payments due for a specific
  contract
• Withhold the Disputed Amount - possible
  termination of contract

11
Sanctions for Non-Responsiveness (cont.)

• Contractor may be held liable for damages
• Due to a delay in fulfilling the contract
• Due to increased prices incurred in securing
  another contractor to complete the work
• Suspension, revocation or denial of MBE or WBE
  certification status
• For a period of thirty-six (36) months

12
False and Misleading Information

• Under IC 35-43-5-9 or IC 35-44-2-1
• The State may elect to provide any evidence of
  false or misleading information to the
  appropriate investigating agency for
  investigation and enforcement of any criminal
  violations.

13
Request for Hearing

• The Contractor or Sub-Contractor has the right to
  appeal a determination of sanctions based on 25
  IAC 5-7-9.

14
Conclusion
15
Future Compliance Efforts

• Continued collaboration with the Procurement
  Department in the enhancement of data retrieval
  and reporting
• Internal and external education of minority
  participation requirements, goals and
  expectations.
• Systematic completion of an increasing number of
  audits