Section 44. (1) SOMWBA shall seek to develop a listing of minority and women and veteran businesses within the commonwealth, and shall, from time to time, notify such businesses of the programs and services available to them, whether from public or private sources, or from local, state or federal agencies.
(2) SOMWBA is hereby authorized, subject to approval by the executive director of OMWBDE, to establish its own programs and policies and to seek from any official or agency of the commonwealth or its political subdivisions, such information and assistance as is necessary to carry out its functions and duties; and all officials, agencies or political subdivisions of the commonwealth are hereby directed to supply such information or assistance.
(3) SOMWBA shall receive assistance from state agencies including, where consistent with existing law, commitments that such agencies do a limited amount of preferential contracting and subcontracting with minority or women or veteran businesses. SOMWBA shall assist minority and women and veteran businesses in making use of any special programs which may be operated by the state or by various departments and agencies of the federal government.
(4) SOMWBA, through the director of economic development and the OMWBDE executive director, shall coordinate its activities with those of other offices and activities of OMWBDE, and shall assist minority and women and veteran businesses in their dealings with federal agencies and with state departments and agencies, including, but not limited to, the department of labor and workforce development, the department of revenue, the state purchasing agent and the division of employment and training. In coordination with the state director of affirmative action, SOMWBA shall also provide assistance to all cabinet secretaries and the directors of economic development, consumer affairs and business regulation, housing and community development and labor and workforce development and the commissioner of education in evaluating economic activities of their offices to determine how their offices may be of assistance in providing fair opportunities for minority and women businesses.
(5) SOMWBA shall work with banks, insurance companies, and other private businesses in the commonwealth to encourage the formation of seed money for facilitating the starting-up and expansion of minority and women businesses. SOMWBA shall provide assistance to minority and women businesses in their efforts to obtain loan money and operating capital from private and public lenders.
(6) SOMWBA shall seek to increase the amount of financial assistance available to minority and women businesses from private financial institutions; and may, from time to time, sponsor conferences, workshops or other informational programs.
(7) SOMWBA shall seek to encourage voluntary assistance programs by which nonminority and nonwomen business employees are loaned to minority and women businesses or by which minority and women business persons are taken into viable business ventures to acquire training and experience in managing business affairs.
(8) SOMWBA is authorized to encourage state contract awarding authorities to seek to increase the incidence of joint ventures between nonminority state contractors and minority and women and veteran contractors, by specifically pointing out that such arrangements would constitute one method of partially meeting affirmative action requirements imposed upon both nonminority state contractors and the state. The director of affirmative action shall be kept informed of actions taken under this provision. SOMWBA shall follow advertisements for construction work by public bodies in the commonwealth, shall notify minority and women and veteran general contractors and subcontractors of the bid opening dates for the approximate amount of the contract and subcontract work being bid, shall assist them in securing bonds and in bidding for that construction work and shall initiate a program to help qualified minority persons and women to get started as small business firms in the construction field by helping to arrange joint ventures with qualified general contractors and subcontractors and by arranging for administrative and accounting assistance to help them carry out their subcontract and general contract obligations during the period of contract performance.
(9) SOMWBA shall, through the executive director of OMWBDE and the director of economic development, submit an annual report to the general court on the minority and women businesses which it assists, the type of services which it renders, the difficulties it encounters. Such report shall include such recommendations for legislative or executive action as deemed necessary or desirable.
(10) SOMWBA shall impose administrative penalties on an applicant for certification or recertification that knowingly provides false or misleading information on its application or in support of its application for certification or recertification as a minority- or women-or veteran-owned business, or on a person who fails to comply with any provision of any regulation or approval issued or adopted by the agency or of any law which the agency has the authority or responsibility to enforce.
(11) The director shall consult with the commissioner of the division of capital asset management and maintenance on the establishment of an affirmative marketing program pursuant to section 40N of chapter 7. The affirmative marketing program shall be established for the purpose of ensuring the fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects; provided that the affirmative marketing program shall establish participation goals for minority-owned and women-owned business on capital facility projects and state assisted building projects; provided further, that participation goals for minority-owned business and women-owned business shall be based upon the broadest and most inclusive pool of available minority-owned businesses and women-owned businesses interested in and capable of performing construction work and design services on such capital facility projects and state assisted building projects; and provided further, that the director and the commissioner of the division of capital asset management and maintenance shall meet on a quarterly basis to determine the status of implementation of the affirmative marketing program and what further steps both agencies deem necessary to achieve the purposes of section 40N of chapter 7 and this subsection. For purposes of this subsection, the terms “capital facility project” and “state assisted building project” shall have the same meanings as found in section 40N of chapter 7.
In connection with the affirmative market program established pursuant to section 40N of chapter 7, the state office of minority and women business assistance shall regularly review and, where necessary, modify its certification process to ensure that it operates effectively, and shall report annually to the secretary of the executive office of administration and finance regarding these matters.
SOMWBA shall be responsible for the overall management, monitoring, and enforcement of the affirmative marketing program as it relates to minority owned businesses and women owned businesses participation on state assisted building projects. The director may appoint a program director to assist in program development, coordination of program operations and compliance with program goals and objectives. The program director shall also have responsibility for monitoring compliance regarding minority owned businesses and women owned businesses participation on state assisted building projects, addressing program violations and coordinating enforcement activities.
The director shall develop a written procedure by which participation goals, for an individual state assisted building project, may be adjusted for minority-owned businesses, women-owned businesses or both; but, the adjustment shall be based upon the actual availability of minority-owned businesses and women-owned businesses, the geographic location of the project, the scope of work of the capital facility project or other relevant factors.
The director shall develop a written waiver procedure by which, at any time before the award of a contract, it may be determined that compliance with the participation goals is not feasible and by which the participation goals on a state assisted building project may be reduced or waived. Waiver shall be granted only upon a showing that good faith efforts have been made to comply with the participation goals.
The director shall by March 15 of each year submit to the joint committee on state administration, the senate committee on ways and means, the house committee on ways and means, the clerk of the house, and the clerk of the senate a report on the performance of the affirmative marketing program for the preceding year. The report shall, at a minimum, show the name and address of each such minority owned business and women owned business, its designation as a minority-owned or women-owned business, the contract or subcontract price, a description of the work performed on the contract by class of work, and project type, and shall show separately the total number of contracts awarded to minority-owned and women-owned businesses as a percentage of the total number of contracts awarded and as a percentage of the total contract price.
The director shall promulgate regulations necessary to implement this subsection.
Section 44. (1) SOMWBA shall seek to develop a listing of minority and women and veteran businesses within the commonwealth, and shall, from time to time, notify such businesses of the programs and services available to them, whether from public or private sources, or from local, state or federal agencies.
(2) SOMWBA is hereby authorized, subject to approval by the executive director of OMWBDE, to establish its own programs and policies and to seek from any official or agency of the commonwealth or its political subdivisions, such information and assistance as is necessary to carry out its functions and duties; and all officials, agencies or political subdivisions of the commonwealth are hereby directed to supply such information or assistance.
(3) SOMWBA shall receive assistance from state agencies including, where consistent with existing law, commitments that such agencies do a limited amount of preferential contracting and subcontracting with minority or women or veteran businesses. SOMWBA shall assist minority and women and veteran businesses in making use of any special programs which may be operated by the state or by various departments and agencies of the federal government.
(4) SOMWBA, through the director of economic development and the OMWBDE executive director, shall coordinate its activities with those of other offices and activities of OMWBDE, and shall assist minority and women and veteran businesses in their dealings with federal agencies and with state departments and agencies, including, but not limited to, the department of labor and workforce development, the department of revenue, the state purchasing agent and the division of employment and training. In coordination with the state director of affirmative action, SOMWBA shall also provide assistance to all cabinet secretaries and the directors of economic development, consumer affairs and business regulation, housing and community development and labor and workforce development and the commissioner of education in evaluating economic activities of their offices to determine how their offices may be of assistance in providing fair opportunities for minority and women businesses.
(5) SOMWBA shall work with banks, insurance companies, and other private businesses in the commonwealth to encourage the formation of seed money for facilitating the starting-up and expansion of minority and women businesses. SOMWBA shall provide assistance to minority and women businesses in their efforts to obtain loan money and operating capital from private and public lenders.
(6) SOMWBA shall seek to increase the amount of financial assistance available to minority and women businesses from private financial institutions; and may, from time to time, sponsor conferences, workshops or other informational programs.
(7) SOMWBA shall seek to encourage voluntary assistance programs by which nonminority and nonwomen business employees are loaned to minority and women businesses or by which minority and women business persons are taken into viable business ventures to acquire training and experience in managing business affairs.
(8) SOMWBA is authorized to encourage state contract awarding authorities to seek to increase the incidence of joint ventures between nonminority state contractors and minority and women and veteran contractors, by specifically pointing out that such arrangements would constitute one method of partially meeting affirmative action requirements imposed upon both nonminority state contractors and the state. The director of affirmative action shall be kept informed of actions taken under this provision. SOMWBA shall follow advertisements for construction work by public bodies in the commonwealth, shall notify minority and women and veteran general contractors and subcontractors of the bid opening dates for the approximate amount of the contract and subcontract work being bid, shall assist them in securing bonds and in bidding for that construction work and shall initiate a program to help qualified minority persons and women to get started as small business firms in the construction field by helping to arrange joint ventures with qualified general contractors and subcontractors and by arranging for administrative and accounting assistance to help them carry out their subcontract and general contract obligations during the period of contract performance.
(9) SOMWBA shall, through the executive director of OMWBDE and the director of economic development, submit an annual report to the general court on the minority and women businesses which it assists, the type of services which it renders, the difficulties it encounters. Such report shall include such recommendations for legislative or executive action as deemed necessary or desirable.
(10) SOMWBA shall impose administrative penalties on an applicant for certification or recertification that knowingly provides false or misleading information on its application or in support of its application for certification or recertification as a minority- or women-or veteran-owned business, or on a person who fails to comply with any provision of any regulation or approval issued or adopted by the agency or of any law which the agency has the authority or responsibility to enforce.
(11) The director shall consult with the commissioner of the division of capital asset management and maintenance on the establishment of an affirmative marketing program pursuant to section 40N of chapter 7. The affirmative marketing program shall be established for the purpose of ensuring the fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects; provided that the affirmative marketing program shall establish participation goals for minority-owned and women-owned business on capital facility projects and state assisted building projects; provided further, that participation goals for minority-owned business and women-owned business shall be based upon the broadest and most inclusive pool of available minority-owned businesses and women-owned businesses interested in and capable of performing construction work and design services on such capital facility projects and state assisted building projects; and provided further, that the director and the commissioner of the division of capital asset management and maintenance shall meet on a quarterly basis to determine the status of implementation of the affirmative marketing program and what further steps both agencies deem necessary to achieve the purposes of section 40N of chapter 7 and this subsection. For purposes of this subsection, the terms “capital facility project” and “state assisted building project” shall have the same meanings as found in section 40N of chapter 7.
In connection with the affirmative market program established pursuant to section 40N of chapter 7, the state office of minority and women business assistance shall regularly review and, where necessary, modify its certification process to ensure that it operates effectively, and shall report annually to the secretary of the executive office of administration and finance regarding these matters.
SOMWBA shall be responsible for the overall management, monitoring, and enforcement of the affirmative marketing program as it relates to minority owned businesses and women owned businesses participation on state assisted building projects. The director may appoint a program director to assist in program development, coordination of program operations and compliance with program goals and objectives. The program director shall also have responsibility for monitoring compliance regarding minority owned businesses and women owned businesses participation on state assisted building projects, addressing program violations and coordinating enforcement activities.
The director shall develop a written procedure by which participation goals, for an individual state assisted building project, may be adjusted for minority-owned businesses, women-owned businesses or both; but, the adjustment shall be based upon the actual availability of minority-owned businesses and women-owned businesses, the geographic location of the project, the scope of work of the capital facility project or other relevant factors.
The director shall develop a written waiver procedure by which, at any time before the award of a contract, it may be determined that compliance with the participation goals is not feasible and by which the participation goals on a state assisted building project may be reduced or waived. Waiver shall be granted only upon a showing that good faith efforts have been made to comply with the participation goals.
The director shall by March 15 of each year submit to the joint committee on state administration, the senate committee on ways and means, the house committee on ways and means, the clerk of the house, and the clerk of the senate a report on the performance of the affirmative marketing program for the preceding year. The report shall, at a minimum, show the name and address of each such minority owned business and women owned business, its designation as a minority-owned or women-owned business, the contract or subcontract price, a description of the work performed on the contract by class of work, and project type, and shall show separately the total number of contracts awarded to minority-owned and women-owned businesses as a percentage of the total number of contracts awarded and as a percentage of the total contract price.
The director shall promulgate regulations necessary to implement this subsection.
Section 44. (1) SOMWBA shall seek to develop a listing of minority and women and veteran businesses within the commonwealth, and shall, from time to time, notify such businesses of the programs and services available to them, whether from public or private sources, or from local, state or federal agencies.
(2) SOMWBA is hereby authorized, subject to approval by the executive director of OMWBDE, to establish its own programs and policies and to seek from any official or agency of the commonwealth or its political subdivisions, such information and assistance as is necessary to carry out its functions and duties; and all officials, agencies or political subdivisions of the commonwealth are hereby directed to supply such information or assistance.
(3) SOMWBA shall receive assistance from state agencies including, where consistent with existing law, commitments that such agencies do a limited amount of preferential contracting and subcontracting with minority or women or veteran businesses. SOMWBA shall assist minority and women and veteran businesses in making use of any special programs which may be operated by the state or by various departments and agencies of the federal government.
(4) SOMWBA, through the director of economic development and the OMWBDE executive director, shall coordinate its activities with those of other offices and activities of OMWBDE, and shall assist minority and women and veteran businesses in their dealings with federal agencies and with state departments and agencies, including, but not limited to, the department of labor and workforce development, the department of revenue, the state purchasing agent and the division of employment and training. In coordination with the state director of affirmative action, SOMWBA shall also provide assistance to all cabinet secretaries and the directors of economic development, consumer affairs and business regulation, housing and community development and labor and workforce development and the commissioner of education in evaluating economic activities of their offices to determine how their offices may be of assistance in providing fair opportunities for minority and women businesses.
(5) SOMWBA shall work with banks, insurance companies, and other private businesses in the commonwealth to encourage the formation of seed money for facilitating the starting-up and expansion of minority and women businesses. SOMWBA shall provide assistance to minority and women businesses in their efforts to obtain loan money and operating capital from private and public lenders.
(6) SOMWBA shall seek to increase the amount of financial assistance available to minority and women businesses from private financial institutions; and may, from time to time, sponsor conferences, workshops or other informational programs.
(7) SOMWBA shall seek to encourage voluntary assistance programs by which nonminority and nonwomen business employees are loaned to minority and women businesses or by which minority and women business persons are taken into viable business ventures to acquire training and experience in managing business affairs.
(8) SOMWBA is authorized to encourage state contract awarding authorities to seek to increase the incidence of joint ventures between nonminority state contractors and minority and women and veteran contractors, by specifically pointing out that such arrangements would constitute one method of partially meeting affirmative action requirements imposed upon both nonminority state contractors and the state. The director of affirmative action shall be kept informed of actions taken under this provision. SOMWBA shall follow advertisements for construction work by public bodies in the commonwealth, shall notify minority and women and veteran general contractors and subcontractors of the bid opening dates for the approximate amount of the contract and subcontract work being bid, shall assist them in securing bonds and in bidding for that construction work and shall initiate a program to help qualified minority persons and women to get started as small business firms in the construction field by helping to arrange joint ventures with qualified general contractors and subcontractors and by arranging for administrative and accounting assistance to help them carry out their subcontract and general contract obligations during the period of contract performance.
(9) SOMWBA shall, through the executive director of OMWBDE and the director of economic development, submit an annual report to the general court on the minority and women businesses which it assists, the type of services which it renders, the difficulties it encounters. Such report shall include such recommendations for legislative or executive action as deemed necessary or desirable.
(10) SOMWBA shall impose administrative penalties on an applicant for certification or recertification that knowingly provides false or misleading information on its application or in support of its application for certification or recertification as a minority- or women-or veteran-owned business, or on a person who fails to comply with any provision of any regulation or approval issued or adopted by the agency or of any law which the agency has the authority or responsibility to enforce.
(11) The director shall consult with the commissioner of the division of capital asset management and maintenance on the establishment of an affirmative marketing program pursuant to section 40N of chapter 7. The affirmative marketing program shall be established for the purpose of ensuring the fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects; provided that the affirmative marketing program shall establish participation goals for minority-owned and women-owned business on capital facility projects and state assisted building projects; provided further, that participation goals for minority-owned business and women-owned business shall be based upon the broadest and most inclusive pool of available minority-owned businesses and women-owned businesses interested in and capable of performing construction work and design services on such capital facility projects and state assisted building projects; and provided further, that the director and the commissioner of the division of capital asset management and maintenance shall meet on a quarterly basis to determine the status of implementation of the affirmative marketing program and what further steps both agencies deem necessary to achieve the purposes of section 40N of chapter 7 and this subsection. For purposes of this subsection, the terms “capital facility project” and “state assisted building project” shall have the same meanings as found in section 40N of chapter 7.
In connection with the affirmative market program established pursuant to section 40N of chapter 7, the state office of minority and women business assistance shall regularly review and, where necessary, modify its certification process to ensure that it operates effectively, and shall report annually to the secretary of the executive office of administration and finance regarding these matters.
SOMWBA shall be responsible for the overall management, monitoring, and enforcement of the affirmative marketing program as it relates to minority owned businesses and women owned businesses participation on state assisted building projects. The director may appoint a program director to assist in program development, coordination of program operations and compliance with program goals and objectives. The program director shall also have responsibility for monitoring compliance regarding minority owned businesses and women owned businesses participation on state assisted building projects, addressing program violations and coordinating enforcement activities.
The director shall develop a written procedure by which participation goals, for an individual state assisted building project, may be adjusted for minority-owned businesses, women-owned businesses or both; but, the adjustment shall be based upon the actual availability of minority-owned businesses and women-owned businesses, the geographic location of the project, the scope of work of the capital facility project or other relevant factors.
The director shall develop a written waiver procedure by which, at any time before the award of a contract, it may be determined that compliance with the participation goals is not feasible and by which the participation goals on a state assisted building project may be reduced or waived. Waiver shall be granted only upon a showing that good faith efforts have been made to comply with the participation goals.
The director shall by March 15 of each year submit to the joint committee on state administration, the senate committee on ways and means, the house committee on ways and means, the clerk of the house, and the clerk of the senate a report on the performance of the affirmative marketing program for the preceding year. The report shall, at a minimum, show the name and address of each such minority owned business and women owned business, its designation as a minority-owned or women-owned business, the contract or subcontract price, a description of the work performed on the contract by class of work, and project type, and shall show separately the total number of contracts awarded to minority-owned and women-owned businesses as a percentage of the total number of contracts awarded and as a percentage of the total contract price.
The director shall promulgate regulations necessary to implement this subsection.
