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6.2 MINORITY BUSINESS ENTERPRISE (MBE) FOR STATE FUNDED SCHOOL CONSTRUCTION

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TALBOT COUNTY PUBLIC SCHOOLS
POLICY CODE 6.2

EASTON, MD 21601
UPDATED: 10/20/04
REVISED: 09/17/08
REVIEWED: 11/11/10


MINORITY BUSINESS ENTERPRISE (MBE) POLICY FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS

I. PURPOSE

The purpose of the Procedures is to fulfill the intent of the law, noted and described below, by setting goals for minority business enterprise (MBE) participation in every contract that includes State funding through the Public School Construction Program. Talbot County Public Schools (TCPS) shall attempt to achieve the result that a minimum of 25 percent of the total dollar value of all construction contracts is made directly or indirectly with certified minority business enterprises when State Public School Construction Program (PSCP) funds are utilized, with a minimum of 7 percent from certified African American-owned businesses, a minimum of 10 percent from certified women-owned businesses, and the balance from any certified minority business enterprises. All general contractors, including certified MBE firms, when bidding as general or prime contractors are required to attempt to achieve the MBE subcontracting goals from certified MBE firms.

II. OVERVIEW

This Minority Business Enterprise (MBE) policy document and its corresponding procedures (administrative regulations) were originally developed in response to a requirement set forth in the Rules, Regulations, and Procedures for the Administration of the School Construction Program. The MBE requirement was originally established under HB 64, which was passed in the 1978 session of the Maryland General Assembly and signed into law as Chapter 575 of the Acts of 1978.

Since the Board adopted its original Minority Business Enterprise Policy, there have been changes in State statutes, regulations adopted by the Board of Public Works, procedural requirements, project eligibility requirements and the level of State participation in school construction projects. These revised documents are consistent with current legislation and the changes to the Code of Maryland Regulations (COMAR) requirements, effective November 7, 2005 and May 21, 2007.

MINORITY BUSINESS ENTERPRISE (MBE) POLICY FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS

III. BACKGROUND

In 1978, the Maryland General Assembly passed legislation, which was signed into law to establish the State’s Minority Business Enterprise Program. This new law set as a goal that at least 10 percent of each unit of State government’s total dollar value of procurement contracts for purchases and/or contracts be awarded to minority business enterprises. This law was subsequently modified and the goal was increased to 14 percent. More recently, in 2001, the goal was increased to 25 percent with subcontracting sub-goals of 7 percent for certified African American-owned businesses and 10 percent for certified women-owned businesses.

In 1979, the Rules, Regulations, and Procedures for the Administration of the School Construction Program were revised by the Board of Public Works to require each local board of education to adopt procedures to attempt to include minority business enterprises in State funded school construction projects. The State law was revised and now states: “The Interagency Committee on School Construction (IAC) shall require each local board of education to adopt procedures consistent with this chapter before obtaining funds for public school construction projects”.

In May 2007, the Rules, Regulations, and Procedures were replaced by regulations. The regulations concerning project procurement (COMAR 23.03.03) indicate that the State’s minority business enterprise goals and procedures apply to all State funded projects, irrespective of procurement method

This Minority Business Enterprise (MBE) procedure document was originally developed in response to a requirement set forth in the Rules, Regulations, and Procedures for the Administration of the School Construction Program. The MBE requirement was originally established under HB 64, which was passed in the 1978 session of the Maryland General Assembly and signed into law as Chapter 575 of the Acts of 1978.

Since the Board adopted its original Minority Business Enterprise Policy and Procedures, there have been changes in State statutes, regulations adopted by the Board of Public Works, procedural requirements, project eligibility requirements and the level of State participation in school construction projects. This revised document is consistent with current legislation and the changes to the Code of Maryland Regulations (COMAR) requirements, effective November 7, 2005 and May 21, 2007.

MINORITY BUSINESS ENTERPRISE (MBE) POLICY FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS

IV. PROCEDURES

The Superintendent shall develop appropriate MBE Procedures (Administrative Regulations) to implement this policy in conformance with the most recent procedures approved and released by the Maryland Public School Construction Program and Interagency Committee on School Construction (IAC).

Such MBE Program procedures (Administrative Regulations) and all related forms shall be maintained as a separate manual by the Board’s MBE Liaison, the Plant Operations Manager, and shall be available to the public.

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