The Minority and Women’s Business Enterprises Vendor Education and Contract Compliance

Vendor Education and Expectations

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 Women’s Business Directory

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

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.

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

Contract Compliance Monitoring

Random Audits We now have two full-time professionals designated to the responsibility of meeting the Division’s Contract Monitoring requirements.  Review electronic data  Utilize procurement records  Obtain a copy of active contracts

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.

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

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

False and Misleading Information  Under IC or IC  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.

Request for Hearing  The Contractor or Sub-Contractor has the right to appeal a determination of sanctions based on 25 IAC

Conclusion

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