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2012 SESSION

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SB 250 Small, women-owned, and minority-owned businesses; enhancement or remedial measures.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Department of Minority Business Enterprise; small, women-owned, and minority-owned businesses; enhancement or remedial measures.  Authorizes the Department of Minority Business Enterprise to investigate complaints alleging that a business certified as a small, women-owned, or minority-owned business does not meet the minimum certification standards. Under the bill, if the Director determines that a business has violated the requirements of certification the business's certification as a small, women-owned, or minority-owned business shall be revoked for a period of one year. In addition, the bill provides for the Department to monitor any additional costs incurred on construction projects as a result of any remediation or enhancement measure established for such projects. The bill also makes technical amendments.

SUMMARY AS INTRODUCED:

Department of Minority Business Enterprise; small, women-owned, and minority-owned businesses; enhancement or remedial measures.  Requires state contracts awarded pursuant to enhancement or remedial measures implemented to enhance participation by small, women-owned, and minority-owned businesses to include a requirement that no more than 60 percent of the work be subcontracted to another contractor except under certain circumstances. The bill authorizes the Department of Minority Business Enterprise to investigate complaints that the business has violated the contract provision and authorizes the Director to revoke the business's certification as a small, women-owned, or minority-owned business for a period of one year upon determination that the contract provision has been violated. The bill also provides that any enhancement or remedial measure require the state agency to solicit bids from all qualified vendors and not be limited to bids submitted by small, women-owned, and minority-owned businesses. Under the bill, any enhancement or remedial measure cannot exceed three percent of the total value of all vendor contracts calculated against the costs of accepting the lowest competent and qualifying bids.