PURPOSE: This rule establishes a program to encourage and facilitate the growth and development of Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs) by assuring that they have the maximum opportunity to participate in procurements financed in whole or in part with state funds.

1. (1) The Office of Equal Opportunity (OEO) will provide assistance to Minority Business Enterprises/Women Business Enterprises (MBE/WBEs). Services provided may include but are not necessarily limited to: workshops, bid history and pricing abstracts, minority vendor registration, exposure to state agency’s procurement staff and contracting opportunities, MBE/WBE directory and newsletter to promote increased participation.
2. (2) The OEO will encourage participation in the procurement process and fairness in consideration of bids/proposals submitted by MBE/WBEs. Programs/procedures designed by the OEO to accomplish these objectives may include: providing diversity training for state procurement personnel, identifying minority and women personnel to serve on evaluation committees, closely reviewing the requirements for bonding, notification of procurement opportunities, etc.
3. (3) The OEO will compile, maintain and make available a directory of MBE/WBEs. The directory shall be available, upon request, to all bidders and contractors. The directory shall specify the name of the MBE/WBE, the commodities or services it provides, its address, phone number and contact person.
4. (4) The OEO will establish MBE/WBE participation goals and programs in accordance with section 37.020, RSMo, any successor or similar statutes, or executive order based upon a study to determine the availability of qualified MBE/WBEs and any other pertinent information. MBE/WBE participation goals and programs shall be reviewed periodically to ascertain the need for continuance or revision of existing programs or the implementation of new programs.
5. (5) The OEO may recommend MBE/WBE subcontracting goals. The OEO may recommend those types of solicitations in which MBE/WBE subcontracting requirements may be appropriate.

6. (6) The following expenditures may be counted toward meeting established MBE/WBE goals:

   1. (A) The total dollar value of a contract awarded to an MBE/WBE;
   2. (B) The total dollars paid by a prime contractor to an MBE/WBE for supplies and materials provided to the state in fulfillment of the contract;
   3. (C) The total dollar value of work subcontracted to an MBE/WBE by a prime contractor;
   4. (D) That portion of the total dollar value subcontracted to a certified joint venture by a prime-contractor equal to the percentage of the ownership and control of the MBE/WBE partner in the joint venture; and
   5. (E) Only expenditures to MBE/WBEs that perform a commercially useful function related to the delivery of the supplies required by the contract.
7. (7) After the contract is established, the OEO may monitor the activity of the contractor to assure compliance with the MBE/WBE utilization stipulated in their contract.
8. (8) Contractors that fail to comply with the MBE/WBE utilization stipulated in their contract, may be considered to be in breach of contract and may be subject to such remedies as stipulated in the contract.
9. (9) The OEO shall maintain statistics and issue periodic reports about MBE/WBE participation. AUTHORITY: sections 34.050, RSMo Supp. 1999 and 37.020, RSMo 1994.* This rule originally filed as 1 CSR 40-1.070. Original rule filed Oct. 20, 1997, effective May 30, 1998. Amended: Filed March 24, 2000, effective Oct. 30, 2000. *Original authority: 34.050, RSMo 1939, amended 1945, 1973, 1995; and 37.020, RSMo 1990.