The Maryland Port
Administration’s (MPA) Office of Fair Practices (OFP) manages the MPA’s
Minority/ Disadvantaged
Business Enterprise Program (MBE/DBE). One of the goals of this
initiative is to maximize the participation of small and minority
business enterprises on all MPA contracts.
Maryland’s MBE regulations require agencies to structure their
procurements to try to achieve an overall minimum of 25% of the total
dollar value of their procurement contracts directly or indirectly from
all certified Minority Business Enterprises. It further requires that
agencies attempt to achieve a minimum of 7% of the total dollar value of
their procurement contracts directly or indirectly from certified
African-American-owned businesses, and 10% of the total dollar value of
their procurement contracts directly or indirectly from certified
women-owned businesses.
OFP staff, as
members of the Procurement Review Group (PRG), regularly meet with MPA
procuring departments to review and assess upcoming MPA procurements for
supplies, services, maintenance, construction and
architectural/engineering contracts to determine an MBE goal and
subgoals appropriate for each contract.
MBE Requirements on MPA Contracts Pre-Award Along with
the bid/ solicitation package a bidder or offeror shall submit with its
bid or proposal:
-A
completed Certified MBE Utilization and Fair Solicitation Affidavit (Form
A)
acknowledging the certified MBE overall and/or split participation goals
and affirming
that MBE subcontractors were treated fairly in the
solicitation process and
-A
completed MBE Participation Schedule
(Form B) that responds to the expected degree of MBE
participation as stated in the solicitation by identifying the bidder’s
or offeror’s specific commitment of certified minority businesses.
If bidders or offerors make a good faith effort to achieve the MBE
participation goal and conclude that they are unable to achieve it,
they must submit Form A stating the amount
of MBE participation they intend to achieve and requesting a waiver of
the remainder of the goal, and Form B with their bids or
proposals.
If the bidder or offeror fails to submit these forms with the bid or
offer as required, the Procurement Officer shall deem the bid
non-responsive or shall determine that the offer is not reasonably
susceptible of being selected for award.
Within ten (10) working days of receiving notice that it is the apparent
awardee or from the date of actual award, whichever is earliest, the
apparent low bidder must submit an Outreach Efforts Compliance
Statement (Form
C), and the Subcontractor Project Participation
Statement (Form D) to the procuring
unit per COMAR 21.11.03.10. (Waiver)If bidders or offerors have requested a waiver of the certified
MBE participation goals on the contract, documentation of their good
faith efforts per COMAR 21.11.03.11 must be submitted to the
procuring unit within this ten-day period.
If the apparent awardee fails to return each completed document within
the required time, the Procurement Officer may determine that the
apparent awardee is not responsible and, therefore, is not eligible
for the contract award. If the contract has already been awarded, the
award is voidable.
For
detailed information on the MPA’s MBE Program, contact the MPA’s
Office of Fair Practices at 2310 Broening Highway, Suite 135,
Baltimore Maryland 21224, via fax (410) 631-1061 or by phone at
410-631-1062.
MBE Requirements on MPA Contracts Post-Award
Monthly MBE Activity
During the life of the contract,
successful vendors are required to submit a report of MBE activity and
MBE payment documentation by the tenth of each month for the previous
calendar month. These reports are to be submitted even in months when
there was no MBE activity. Vendors are required by State Finance and
Procurement Article §15-226 and COMAR 21.10. 08 to pay undisputed MBE
payments within ten (10) days of receipt of progress or final payments
by the State. Vendors are held accountable for prompt payments and are
encouraged to pay MBE subcontractors as required.
The MBE Monthly Report
should be mailed to the MPA's Office of Fair Practices at 2310 Broening
Highway, Suite 135, Baltimore, Maryland 21224.
Recent changes in State
procurement law and policies have made it unambiguous that the
documentation of payments to MBE subcontractors is a high priority for
the State. MBE payment verification has become a critical area of
concern. Therefore, the Maryland Port Administration’s efforts to track,
monitor, and verify reported payments to MBE subcontractors have taken
on a new energy. COMAR 21.10.08 sets forth the obligations of the prime
contractor and subcontractors, and the remedies for delinquency or
nonpayment of undisputed amounts on State contracts. MBE subcontractors
are encouraged to communicate to the Office of Fair Practices, the MBE
program administrators at MPA, any problems, concerns or late payments
of undisputed amounts.
The MBE Report of
Payment Received form is due by the 5th of each month
throughout the life of the contract, whether or not there has been
subcontractor activity. MBE subcontractors are held accountable for
timely reporting and are encouraged to provide verification of payment
documentation as requested.
The MBE Report of
Payment Received forms should be mailed to MPA's Office of Fair
Practices at 2310 Broening Highway, Suite 135, Baltimore, Maryland
21224.
Created by The Maryland Port Administration.
For General Information call 1-800-638-7519 or write to:
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