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

     

     Introduced By: Representatives Giraldo, Williams, Morales, Alzate, Felix, Barros,
Amore, and Biah

     Date Introduced: March 02, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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

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Business Enterprise" is hereby amended to read as follows:

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     37-14.1-6. Minority business enterprise participation.

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

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

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

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

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

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

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

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

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submit evidence of federal certification of good standing.

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

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to, during a declared state of emergency.

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

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

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shall be granted until after each prospective contractor receives assistance from the department of

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administration with compliance of this chapter.

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

 

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

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

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     (ii) Information identifying the contracting agency;

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

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     (iv) The date of the waiver; and

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

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

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

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

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a remedial action plan to remedy such failure.

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     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

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

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

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received assistance from the department.

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     This act would take effect upon passage.

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