2022 -- H 7738 | |
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LC005277 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO PUBLIC PROPERTY AND WORKS – MINORITY BUSINESS ENTERPRISE | |
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Introduced By: Representatives Giraldo, Williams, Morales, Alzate, Felix, Barros, | |
Date Introduced: March 02, 2022 | |
Referred To: House State Government & Elections | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority |
2 | Business Enterprise" is hereby amended to read as follows: |
3 | 37-14.1-6. Minority business enterprise participation. |
4 | (a) Minority business enterprises shall be included in all procurements and construction |
5 | projects under this chapter and shall be awarded a minimum of ten percent (10%) of the dollar |
6 | value of the entire procurement or project. The director of the department of administration is |
7 | further authorized to establish by rules and regulation the certification process and formulas for |
8 | giving minority business enterprises a preference in contract and subcontract awards. |
9 | (b) Any minority business enterprise currently certified by the U.S. Small Business |
10 | Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by |
11 | the department of administration as a minority business enterprise and shall only be required to |
12 | submit evidence of federal certification of good standing. |
13 | (c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited |
14 | to, during a declared state of emergency. |
15 | (d)(1) The department of administration shall provide a list of certified minority and |
16 | women-owned business enterprises to each prospective contractor and no waiver for this chapter |
17 | shall be granted until after each prospective contractor receives assistance from the department of |
18 | administration with compliance of this chapter. |
19 | (2) Upon issuance of a waiver of compliance, the department of administration shall make |
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1 | publicly available records of all waivers of compliance. Such records shall include: |
2 | (i) Information identifying the contract, including the value of the contract; |
3 | (ii) Information identifying the contracting agency; |
4 | (iii) The name of the contractor receiving the waiver; |
5 | (iv) The date of the waiver; and |
6 | (v) The specific contract provisions to which the waiver applies. |
7 | (e) Each contracting agency that substantially fails to make a good faith effort to achieve |
8 | the maximum feasible participation of minority and women-owned business enterprises in such |
9 | agency’s contracting shall be required to submit to the director of the department of administration |
10 | a remedial action plan to remedy such failure. |
11 | SECTION 2. This act shall take effect upon passage. |
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LC005277 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC PROPERTY AND WORKS – MINORITY BUSINESS ENTERPRISE | |
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1 | This act would require the department of administration to provide a list of certified |
2 | minority and women-owned business enterprises to each prospective contractor of a construction |
3 | project and would prohibit the issuance of a waiver from this requirement until the contractor |
4 | received assistance from the department. |
5 | This act would take effect upon passage. |
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LC005277 | |
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