Section 19-2813. CERTIFIED MINORITY BUSINESS PREFERENCES

 

2813.1It is the Board’s policy to encourage the participation of minority business enterprises (MBE’s) in providing goods, services and construction for the Starplex. The CCO shall promote utilization of MBE’s to the maximum extent practicable to ensure compliance with the Board’s policy.

 

2813.2Priority consideration shall be given to certified MBE’s in all solicitations without regard to whether the solicitation is a direct or indirect placement in the sheltered market.

 

2813.3Priority consideration shall be accorded to qualified MBE’s or joint ventures by reducing by five percent (5%) the bid or price proposal of that minority business or joint venture, solely for purposes of comparing that bid or price proposal with the bids or price proposals of other firms.

 

2813.4The Board may issue solicitations in the sheltered market for the entire procurement or a portion of any subcontracting if, in the judgment of the contracting officer, the following criteria are met:

 

(a)There is a reasonable expectation that offers will be obtained from at least two (2) responsible certified minority businesses; and

 

(b)There is a reasonable expectation that an award will be made at reasonable prices.

 

2813.5In order to make this determination, the contracting officer shall consult the directory of the Minority Business Opportunity Commission of the District of Columbia (the “MBOC”) to determine the number of firms in a specific category capable of performing the contract, or a portion of a major contract.

 

2813.6Sheltered market solicitations shall be specifically identified in all advertisements and sent to all certified minority business enterprises (the “MBE’s”) which qualify under the work classification, in accordance with 27 DCMR § 604.8.

 

2813.7The specific conditions of a solicitation issued in the sheltered market shall contain a section defining MBOC certification and requiring a copy of the MBE letter of certification to be attached to the outside cover of each offer.  Each solicitation to be placed entirely under the sheltered market shall include the following language:

 

(a)For direct placement -

 

This     (Invitation for Bids or Request for Proposals) is designated for certified minority offerors only, under the provisions of D.C. Law 1-95, “The Minority Contracting Act of 1977”; or

 

(b)For indirect placement -

 

In accordance with D. C. Law 4-167, D. C. Code subsection 1-1146(a) (2) [1999 Repl.], all offerors shall include a minimum of thirty-five percent (35%) participation of minority business enterprises or joint ventures certified as such by MBOC at the time of the proposal submission date. Failure to comply with the requirements will eliminate your offer from further consideration for award of a contract.

 

2813.8Each subcontracting plan shall be reviewed by the CCO prior to award to ensure compliance with 27 DCMR § 606.

 

2813.9If the contracting officer determines that any offer made by a certified MBE is excessive or unacceptable, the CCO shall indicate the reasons for that determination to the Commission in writing as required in 27 DCMR § 604.10.

 

source

Final Rulemaking published at 37 DCR 4081, 4095-96 (June 22, 1990).