The objective of these guidelines is to help Hardware Master Contract users set appropriate Minority Business Enterprise (MBE) goals for each Purchase Order Request for Proposals (PORFP) issued under Functional Area IV – Installation and Training Services. A minimum overall MBE subcontractor participation goal of 25 percent has been established for Functional Area IV. The requesting agency should assess the potential for an MBE subcontractor participation goal, including sub goals if applicable, for each PORFP issued under Functional Area IV and should set a goal, if appropriate. This does not mean that a 25 percent goal must be set for every PORFP; some goals will be higher and some will be lower, depending upon the pertinent circumstances of each PORFP.
MBE goals should be evaluated on a per PORFP basis, with the objective to establish a reasonable and attainable MBE goal, given the specifics of the PORFP scope of work and other factors as discussed below. Agencies must, at a minimum, include the PORFP Point of Contact and the department/agency’s MBE Liaison in the PORFP goal setting process. These guidelines and accompanying worksheets have been developed to assist in this effort.
Each agency should complete the MBE Participation Worksheet to determine, and document the rationale behind, the MBE goal. The purpose of the Worksheet is to establish an appropriate MBE goal in compliance with Functional Area IV of the Hardware Master Contract and consistent with the MBE Program.
When recommending an MBE goal, a requesting agency should consider knowledge of the industry, scope of work elements of the PORFP that can be segmented, and the potential availability of the MDOT-certified MBE pool.
Agencies should review the services / tasks to be provided under the PORFP to identify elements that are possible subcontracting opportunities. For example, installation and / or training services with potential to be subcontracted may include hardware configuration, user training, hardware testing, production of manuals, etc.
The next step is to search the Maryland Department of Transportation (MDOT) MBE / Disadvantaged Business Enterprise (DBE) directory (http://mbe.mdot.state.md.us/directory/ to identify firms certified in the work areas identified as possible subcontracting opportunities. To access the most comprehensive list, conduct directory searches by, 1) appropriate keyword(s), and, 2) specific SIC/NAICS code(s).
The attached worksheet, worksheet instructions, and completed worksheet sample will serve to guide and document MBE goal setting process. The completed worksheet will serve as a model for future reference and should be maintained in agency procurement files.
Attachment 1 - MBE Participation Worksheet
Attachment 2 - MBE Participation Worksheet Instructions Instructions for completing each field of the MBE Participation Worksheet for Functional Area IV of the Hardware Master Contract
Attachment 3 - MBE Participation Worksheet Sample
EFFECTIVE June 9, 2014, GOMA has revised all MBE procedures, forms and reportshttp://goma.maryland.gov/Pages/Reporting-Tool-MBE.aspx
In 2014, Maryland adopted new regulations as part of its Minority Business Enterprise (MBE) program concerning MBE primes. These new regulations which became effective June 9, 2014, provide that when a certified MBE firm participates as a prime contractor on a contract, an agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own forces toward fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract. Please see the MBE forms and instructions below.
Attachment D-1A - MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule - To be submitted with the Master Contractor's proposal in response to a PORFP/TORFP.
Attachment D-1B - Waiver Guidance - To be submitted within ten (10) business days of apparent award notice. (This form includes Exhibit A - MBE Subcontractor Unavailablity Certificate to be completed by the prime contractor if Section 2 is not completed by the minority firm.)
Attachment D-1C - Good Faith Efforts to Support Waiver Request - To be submitted within (10) business days of apparent award notice or as requested by the Procurement Officer.
Attachment D-2 - Outreach Efforts Compliance Statement - To be submitted within ten (10) business days of apparent award notice or actual award, whichever is earlier, or as requested by the Procurement Officer.
Attachment D-3A - MBE Subcontractor Project Participation Certification- To be submitted within (10) ten business days of apparent award notice.
Attachment D-3B - MBE Prime Project Participation Certification - To be submitted within ten (10) business days of apparent award notice.
Attachment D-4A - Prime Contractor Paid/Unpaid MBE Invoice Report - To be submitted monthly by the Prime Contractor to the MBE Officer by the 10th of the month following the month the services were provided.
Attachment D-4B - MBE Prime Contractor Report - To be submitted monthly by the Prime Contractor to the MBE Officer by the designated day of the month following the month the services were provided.
Attachment D-5 - Subcontractor Paid/Unpaid MBE Invoice Report - To be submitted monthly by the MBE Subcontractor by the designated day of the month following the month the services were performed.
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