2023 -- H 5736

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LC002030

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS

ENTERPRISE

     Introduced By: Representatives Giraldo, Alzate, Morales, and Potter

     Date Introduced: February 21, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority

Business Enterprise" is hereby amended to read as follows:

     37-14.1-6. Minority business enterprise participation.

     (a) Minority business enterprises shall be included in all procurements and construction

projects under this chapter and shall be awarded a minimum of ten percent (10%) of the dollar

value of the entire procurement or project. The director of the department of administration is

further authorized to establish by rules and regulation the certification process and formulas for

giving minority business enterprises a preference in contract and subcontract awards.

     (b) Any minority business enterprise currently certified by the U.S. Small Business

Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by

the department of administration as a minority business enterprise and shall only be required to

submit evidence of federal certification of good standing.

     (c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited

to, during a declared state of emergency.

     (d)(1) The department of administration shall provide a list of certified minority and

women-owned business enterprises to each prospective contractor and no waiver for this chapter

shall be granted until after each prospective contractor receives guidance and/or assistance in

complying with the provisions of this chapter from the department of administration.

     (2) Upon issuance of a waiver of compliance, the department of administration shall make

publicly available records of all waivers of compliance. Such records shall include:

     (i) Information identifying the contract, including the value of the contract;

     (ii) Information identifying the contracting agency;

     (iii) The name of the contractor receiving the waiver;

     (iv) The date of the waiver; and

     (v) The specific contract provisions to which the waiver applies.

     (e) Each contracting agency that substantially fails to make a good faith effort to achieve

the maximum feasible participation of minority and women-owned business enterprises in such

agency’s contracting shall be required to submit to the director of the department of administration

a remedial action plan to remedy such failure.

     SECTION 2. This act shall take effect upon passage.

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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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     This act would require the department of administration to provide a list of certified

minority and women-owned business enterprises to each prospective contractor of a construction

project and would prohibit the issuance of a waiver from this requirement until the contractor

received assistance from the department.

     This act would take effect upon passage.

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