The Minority and Women’s Business Enterprises Vendor Education and Contract Compliance.
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Transcript of The Minority and Women’s Business Enterprises Vendor Education and Contract Compliance.
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The Minority and Women’s Business Enterprises
Vendor Education and Contract Compliance
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Vendor Education and Expectations
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Education of Prime and Sub-Contractors
The Request for Information Sessions and the Solicitation Packages educate potential contractors about the following:
Minority Participation Guidelines Minority Participation Plan Utilization of the Certified Minority and
Women’s Business Directory
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Acknowledgement Letters
Effective May 23, 2005 Required for the following solicitations
Request for Proposal (RFP) Request for Quote (RFQ) Bid
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Letter Requirements
Letter of Acknowledgement must accompany Minority Participation Plan.
The letter(s) must be signed and on company letterhead from the minority and/or women owned business stating the level of participation in this solicitation.
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Penalties for Non-Compliance
A Contractor may be denied participation points If the letter is not attached If the letter (s) is attached but is not on company
letterhead If the letter (s) is not signed If the letter does not reference and match the
level of participation for this solicitation
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Contract Compliance Monitoring
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Random Audits
We now have two full-time professionals designated to the responsibility of meeting the Division’s Contract Monitoring requirements.
Review electronic data Utilize procurement records Obtain a copy of active contracts
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Reporting Letters
Reporting Letters are sent out to Prime Contractors and Sub-Contractors to confirm payments made and received during a specified period.
Each party is given 10 business days to respond.
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Sanctions for Non-Responsiveness
Withholding of Payments to Prime Contractor for specific contract
Adjustment to Payments due for a specific contract
Withhold the Disputed Amount - possible termination of contract
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Sanctions for Non-Responsiveness (cont.)
Contractor may be held liable for damages Due to a delay in fulfilling the contract Due to increased prices incurred in securing
another contractor to complete the work
Suspension, revocation or denial of MBE or WBE certification status For a period of thirty-six (36) months
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False and Misleading Information
Under IC 35-43-5-9 or IC 35-44-2-1 The State may elect to provide any evidence
of false or misleading information to the appropriate investigating agency for investigation and enforcement of any criminal violations.
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Request for Hearing
The Contractor or Sub-Contractor has the right to appeal a determination of sanctions based on 25 IAC 5-7-9.
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Conclusion
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Future Compliance Efforts
Continued collaboration with the Procurement Department in the enhancement of data retrieval and reporting
Internal and external education of minority participation requirements, goals and expectations.
Systematic completion of an increasing number of audits