HB 3292

Abstract

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that solicitations (currently, only Non-construction solicitations) that include Business Enterprise Program participation goals shall require bidders and offerors to include utilization plans. Provides that failure to complete and include a completed utilization plan shall render a bid or offer non-responsive. Provides that those who submit bids or proposals for State contracts, whose bids or proposals are successful and include a completed utilization plan but that fail to meet the goals set forth in the solicitation, shall be notified of that deficiency and shall be afforded a period not to exceed 10 calendar days from the date of notification to cure that deficiency in the bid or proposal. Provides that the deficiency in the bid or proposal may only be cured by contracting with additional subcontractors owned by minorities or women subcontractors, or by increasing the work to be performed by previously identified vendors owned by minorities or women subcontractors. Provides that in no case shall an identified subcontractor with a certification be terminated from the contract without the written consent of the State agency or public institution of higher education entering into the contract. Makes conforming and other changes. House Committee Amendment No. 1 Provides that the deficiency in the bid or proposal may only be cured by contracting with additional subcontractors owned by minorities, women, or persons with disabilities (currently, minorities or women subcontractors), or by increasing the work to be performed by previously identified vendors owned by minorities, women, or persons with disabilities (currently, minorities or women subcontractors).