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The Minority and Women’s Business Enterprises

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:

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The Minority and Women’s Business Enterprises

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  1. The Minority and Women’s 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 Women’s 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 Division’s 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

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