MINORITY BUSINESS ENTERPRISE (MBE) ADMINISTRATIVE PROCEDURES FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS - AR
I. PURPOSE
The purpo of the Administrative Procedures (AR) is to fulfill the intent of the law by tting
goals for minority business enterpri (MBE) participation in every contract that includes State
funding through the Public School Construction Program. Talbot County Public Schools (TCPS)
shall attempt to achieve the result that a minimum of 25 percent of the total dollar value of all
construction contracts is made directly or indirectly with certified minority business enterpris
when State Public School Construction Program (PSCP) funds are utilized, with a minimum of 7
percent from certified African American-owned business, a minimum of 10 percent from certified
women-owned business, and the balance from any certified minority business enterpris. All
general contractors, including certified MBE firms, when bidding as general or prime contractors are
required to attempt to achieve the MBE subcontracting goals from certified MBE firms.
II. EFFECTIVE DATE
The AR’s have been adopted for u in conformance with Talbot County Public Schools (TCPS)
Policy FEFC and the most recent procedures approved and relead by the Maryland Public School
Construction Program and Interagency Committee on School Construction (IAC).
III. DEFINITIONS
A.Certification means the determination that a legal entity is a minority business enterpri
consistent with the intent of Subtitle 3 of the State Finance and Procurement Article.
B.Certified Minority Business Enterpri means a minority business that holds a certification
issued by the Maryland State Department of Transportation (MDOT).
C.Corporation, as defined by MDOT, is an artificial person or legal entity created by or under the
authority of the laws of any state of the United States, the District of Columbia or a territory or
commonwealth of the United States and formed for the purpo of transacting business in the
widest n of that term, including not only trade and commerce, but also manufacturing,
mining, banking, insurance, transportation and other forms of commercial or industry activity
where the purpo of the organization is profit. For eligibility for certification, disadvantaged
and/or minority individuals must own at least 51 percent of the voting stock and at least 51
percent of the aggregate of all class of stock that have been issued by the corporation. (Note:
stock held in trust is not considered as stock held by the disadvantaged businesspersons when
computing the business person(s) ownership.)
D.Managerial Control, as defined by MDOT, means that a disadvantaged or minority owner(s)
has the demonstrable ability to make independent and unilateral business decisions needed to
guide the future and destiny of a business.
MINORITY BUSINESS ENTERPRISE (MBE) ADMINISTRATIVE PROCEDURES FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS
Control may be demonstrated in many ways. For a minority owner to demonstrate control, the
following examples are put forth, but are not intended to be all inclusive:
1. Articles of Incorporation, Corporate Bylaws, Partnership Agreements and other agreements
shall be free of restrictive language which would dilute the minority ow ner’s control
thereby preventing the minority owner from making tho decisions which affect the
destiny of a business;
2. The minority owner shall be able to show clearly through production of documents the
areas of the disadvantaged business owner’s con trol, such as, but not limited to:
a)Authority to sign payroll checks and letters of credit;
普洱茶生茶好还是熟茶好b)Authority to negotiate and sign for insurance and/or bonds;
c)Authority to negotiate for banking rvices, such as establishing lines of credit; and
d)Authority to negotiate and sign for contracts.
3. Agreements for support rvices that do not lesn the minority owner’s control of the
company are permitted as long as the disadvantaged or minority business owner’s authority
to manage the company is not restricted or impaired.
E.Minority Business Enterpri (MBE) means any legal entity, except a joint venture, that is (a)
organized to engage in commercial transactions, and (b) at least 51 percent owned and
controlled by one or more individuals who are socially and economically disadvantaged
including:
African Americans;
American Indian/Native Americans;
Asians;
Hispanics;
Physically or mentally disabled individuals;
Women; or
A non-profit entity organized to promote the interests of physically or mentally disabled
individuals.
F.Minority Business Enterpri Liaison means the TCPS employee designated to administer the
Minority Business Enterpri Procedures for State funded public school construction projects.
The Talbot County Public Schools’ designated MBE Liaison shall be the Plant Operations
Manager.
G.Operational Control, as defined by MDOT, means that the disadvantaged or minority owner(s)
must posss knowledge necessary to evaluate technical aspects of the business entity. The
primary consideration in determining operational control and the extent to which the
disadvantaged or minority owner(s) actually operates a business will rest upon the specialties of
the industry of which the business is a part. The minority owner should have a working
knowledge of the technical requirements needed to operate in his/her industry. Specifically, in
the construction industry and especially among small (one to five person firms) contractors, it is
秋天的风作文reasonable to expect the disadvantaged or minority owner(s) to be knowledgeable of all aspects
of the business. Accordingly, in order to clarify the level of operational involvement which a
minority owner must have in a business for it to be considered eligible, the following examples
are put forth, but are not intended to be all inclusive:
MINORITY BUSINESS ENTERPRISE (MBE) ADMINISTRATIVE PROCEDURES FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS
1. The minority owner should have experience in the industry for which certification is being
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2. The minority owner should demonstrate that basic decisions pertaining to the daily
operations of the business are independently made. This does not necessarily preclude the
disadvantaged or minority owner(s) from eking paid or unpaid advice and assistance. It
does mean that the minority owner currently must posss the knowledge to weigh all
advice given and to make an independent determination.
H.Ownership, as defined by MDOT, means that:
1. The minority owner(s) of the firm shall not be subject to any formal or informal restrictions,
which limit the customary discretion of the owner(s). There shall be no restrictions through,
for example, charter requirements, by-law provisions, partnership agreements, franchi or
distributor agreements or any other agreements that prevent the minority owner(s), without
the cooperation or vote of any non-minority, from making a business decision of the firm.
2. This means that the disadvantaged or minority persons, in order to acquire their ownership
interests in the firm, have made real and substantial contributions of capital, experti or
other tangible personal asts derived from independently owned holdings without benefit
of a transfer of asts, gift or inheritance from non-minority persons. Examples of
insufficient contributions include a promi to contribute capital, a note payable to the firm
or its owners who are not minority persons or the mere participation as an employee rather
than as a manager. If the ownership interest held by a disadvantaged or minority person is
subject to formal or informal restrictions, such as options, curity interests, agreements,
etc., held by a non-minority person or business entity, the options, curity interests,
agreements, etc., held by the non-minority person or business entity must not significantly
impair the disadvantaged or minority person’s ownership interest.
I.Partnership means an unincorporated association of two or more persons to carry on as co-
owners of a business for profit. For a partnership to be deemed eligible for certification under
the MDOT Program, the disadvantaged or minority person’s interest must be at least 51 percent
of the partnership capital.
J.Socially and Economically Disadvantaged means a citizen or lawfully admitted permanent resident of the United States who is socially disadvantaged and economically disadvantaged.
The law establishes the level of personal net worth at $1,500,000, above which an individual
may not be found to be socially and economically disadvantaged.
K. Sole Proprietorship, as defined by MDOT, is a for-profit business owned and operated by a disadvantaged or minority person in his or her individual capacity. For a sole proprietorship to
be deemed eligible for certification under the DBE/MBE Program, the disadvantaged or
minority person must be the sole proprietor.
III. MBE GOAL SETTING PROCEDURES
朗诵伴奏音乐A.The MBE program requires that all race-neutral measures be considered before making u of
race-bad measures. Using a combination of race-neutral and race-bad measures for each
specific school construction project will help ensure that certified MBE firms are afforded the
opportunity to submit bids and be utilized to the greatest extent possible.
MINORITY BUSINESS ENTERPRISE (MBE) ADMINISTRATIVE PROCEDURES FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS
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B.Race-neutral measures include any action taken by TCPS to make it easier for all contractors,
including MBEs, to compete successfully for public school construction project contracts.
C.Race-bad measures include tting an overall MBE goal and MBE sub-goals, if applicable,
bad upon race, gender, ethnicity, etc., for a specific project.
D.The overall MBE goal and the sub-goals, if applicable, should be t for each specific project,
considering but not limited to, the following factors:
1. The extent to which the work to be performed can reasonably be gmented to allow for
MBEs to participate in the project;
2. A determination of the number of certified MBEs that potentially could perform the
1.identified work;
3. The geographic location of the project in relationship to the identified certified MBEs;
4. Information obtained from other State departments/agencies related to establishing a MBE
goal and/or sub-goals for similar construction projects or work in the jurisdiction;
5. Information obtained from other State departments/agencies related to MBE participation in
similar construction projects or work in the jurisdiction; and
6. Any other activities or information that may be identified as uful and productive.
E. The Superintendent or designee shall establish one or more procurement review groups (PRG).
The PRG must include at a minimum the MBE liaison and the procurement officer (PO) or a
reprentative from the procurement office. The PRG could also include a capital improvement
project manager, the project architect, the cost estimator, the construction manager, and/or other
individuals lected by the Superintendent or designee.
1. The PRG should meet as needed to consider the MBE subcontracting goal and sub-goals, if
applicable, for individual projects or groups of projects.
2. The PRG should consider the factors cited in 4 above when establishing the MBE goal and
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sub-goals, if applicable, for each project or gmented piece of a project that are reasonable
and attainable.
3. The PRG must complete and submit a written analysis for each state funded school甘草片的功效和作用
construction project with an estimated cost that is expected to exceed $200,000.
a) For state-funded projects that require review of construction documents (CD), the
written analysis shall be submitted with the CD Documents to the Department of
General Services, and will be reviewed by DGS for submission, appropriate signatures,
and correspondence between the goal and sub-goals, if applicable, indicated in the
analysis and tho of the procurement documents.
b) For state-funded projects that do not require review of construction documents, the
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written analysis shall be submitted to the public school construction program, and will
be reviewed by the PSCP for submission and appropriate signatures.
c) For locally funded projects that are anticipated to be requested for state approval of
planning and funding, the written analysis shall be submitted with the CD documents MINORITY BUSINESS ENTERPRISE (MBE) ADMINISTRATIVE PROCEDURES FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS
to the Maryland State Department of Education (MSDE), and will be reviewed by
MSDE for submission, appropriate signatures, and correspondence between the goal
and sub-goals, if applicable, indicated in the analysis and tho of the procurement
documents. Submission of this document is a pre-condition for recommendation for
State approval of planning and funding when submitted in an annual CIP.
F.. For projects estimated to cost between $50,000 and $200,000 the same analysis form is to
be completed and submitted. This could be a responsibility of the PRG, but could be
performed by others as well.
G.. If the project cost is estimated to exceed $200,000 then a copy of the written analysis shall
also be nt to GOME at the same time that the written analysis is submitted to the DGS or
the PSCP.
H. The PRG should consult with local counl for the Board of Education as needed.
I. It is recognized that by utilizing the factors cited in 4 above, the MBE goal and/or sub-goals,
if applicable, for a specific project or portion thereof may be significantly higher than the
overall goals of the program (25% overall, with 7% from African American-owned
business and 10% from women-owned business). It is also recognized and possible
that there will be MBE goals t that are lower than tho stated above or even that no MBE
goal and/or sub-goals will be t for a specific project or the gmented piece of the project.
J. Assistance in reviewing the factors cited in 4 above and tting a goal and/or sub-goals, if
applicable, for specific projects or a gmented piece of a project can be obtained by
contacti ng the Public School Construction Program and/or the Governor’s Office of
Minority Affairs.
IV. IMPLEMENTING PROCEDURES - $50,000 OR LESS
For construction projects estimated to cost $50,000 or less, the following procedures will be
utilized:
A. A MBE goal and/or MBE sub-goals are not required to be t for contracts that are anticipated
to be for $50,000 or less.
B.All advertiments, solicitations, and solicitation documents shall include the following
statement:
a. "Certified Minority Business Enterpris are encouraged to respond to this solicitation."
C.To encourage greater MBE participation the staff of the school system should nd out notices
of potential projects and a specific project to MBEs to solicit bids or proposals directly from
minority business enterpri contractors that are certified.
D. A copy of the solicitation notice, preferably electronically, shall be nt to the Governor’s
Office of Minority Affairs at the same time the advertiment for the solicitation is relead. MINORITY BUSINESS ENTERPRISE (MBE) ADMINISTRATIVE PROCEDURES FOR STATE FUNDED PUBLIC SCHOOL CONSTRUCTION PROJECTS
