Current through Register Vol. 51, No. 19, September 20, 2024
A. To
attain the overall and specific goals under Regulation .01A of this chapter,
procurement agencies shall set, where appropriate, an overall VSBE goal,
expressed as a percentage of the dollar value of the contract.
B. Goal Setting Generally.
(1) A procurement agency shall assess the
potential for VSBE prime and subcontractor participation in each contract and
estimate the amount of participation if any before initiating the
procurement.
(2) Some factors which
may be used to determine the level of VSBE participation include:
(a) The extent to which direct solicitation
at the prime contract level, subcontracting, or a combination of both is
determined most likely to result in maximum VSBE participation in the contract;
(b) The number of certified VSBEs
listed in the Database in addition to veteran-owned firms identified by the
U.S. Small Business Administration and other resources and databases used to
identify veteran-owned firms for a particular supply, service, maintenance,
construction, construction-related service, architectural service, or
engineering service;
(c) The
geographical proximity, when relevant, of VSBEs to the location of the work to
be performed; and
(d) The
feasibility of subcontracting opportunities given the nature and extent of the
proposed contract.
C. VSBE Subcontracting Provisions.
(1) Solicitation Content. The solicitation
shall contain provisions requiring bidders or offerors to:
(a) Identify specific work categories within
the scope of the procurement appropriate for subcontracting;
(b) Conduct outreach through the Database or
utilize the U.S. Small Business Administration and other resources and
databases to assist in identifying potential veteran vendors. The veteran-owned
vendor shall be a certified VSBE at the time of submission of the bid or
proposal.
(c) Solicit certified
VSBEs and veteran-owned firms in writing at least 10 days before bids or
proposals are due, describing the identified work categories and providing
instructions on how to bid on the subcontracts;
(d) Attempt to make personal contact with the
VSBEs solicited and to document these attempts;
(e) Assist VSBEs to fulfill, or to seek
waiver of, bonding requirements; and
(f) Attempt to attend prebid or other
meetings the procurement agency schedules to publicize contracting
opportunities to VSBEs.
(2) If a solicitation contains an MBE goal
and a VSBE goal, participation by a subcontractor dually-certified as an MBE
and a VSBE may be counted toward meeting both the MBE and VSBE contract goals
to the extent its participation meets the cumulative but distinct MBE and VSBE
contract goals, or portions thereof that it is committed to perform. Example:
If the solicitation contains a 25 percent MBE goal and a 5 percent VSBE goal,
the dually certified subcontractor shall perform 30 percent of the contract to
obtain both goals.
(3)
Participation by a dually-certified subcontractor may be counted toward the
agency's overall MBE and VSBE goals.
(4) On forms provided by the procurement
agency, a bidder or offeror shall submit with its bid or proposal:
(a) A completed VSBE utilization affidavit
including either an agreement to meet the certified VSBE participation goal or
a request for a full or partial waiver; and
(b) A completed VSBE participation schedule
that identifies the VSBE that the bidder or offeror agrees to utilize in the
performance of the contract and the percentage of contract value attributed to
each VSBE.
(5) The VSBE
participation schedule shall:
(a) Include the
name of each VSBE that will participate in the project; and
(b) Include the percentage of the contract to
be paid to each VSBE for the work or supply.
(6) The failure of a bidder to accurately
complete and submit the VSBE utilization affidavit and participation schedule
may result in a determination that the bid is not responsive.
(7) The failure of an offeror to accurately
complete and submit the VSBE utilization affidavit and the VSBE participation
schedule may result in a determination that the proposal is not susceptible of
being selected for award.
(8) The
names of prime contractors requesting or purchasing solicitation documents for
construction contracts shall be made available on request to any VSBE whose
specialty suggests an interest in subcontracting.
(9) Each prime contractor receiving
solicitation documents as part of a procurement with a VSBE goal shall be given
the web address for the Database for purposes of soliciting subcontract
quotations, bids, or offers from VSBEs.
D. Counting Prime Participation Toward
Overall and Contract Goals.
(1) A procurement
agency may count a prime contractor dually-certified as an MBE and a VSBE
toward the agency's overall VSBE and MBE goals.
(2) A procurement agency may count the
distinct, clearly defined portion of the work of the contract that a VSBE
certified prime performs with its own work force toward meeting up to 100
percent of the contract's VSBE goal.
E. Direct Solicitation. As part of the
solicitation process being employed for the business community in general, and
in addition to the public notice requirements of COMAR
21.05.02.04 and
21.05.03.02B, a
procurement agency shall send a copy of the solicitation or notice of the
solicitation, or both, to a sufficient number of VSBEs listed in the Database,
as determined by the procurement officer, as is likely to result in VSBE
responses to the solicitation.
F.
Notification. Except for sole source, small, and emergency procurements, a copy
of the solicitation notice for each procurement with an VSBE goal may be sent
in an electronic format to the Maryland Department of Veterans Affairs for
distribution to the appropriate veteran and small business assistance agencies
and trade organizations.
G. Prebid
and Preproposal Conferences. When prebid or preproposal conferences are held,
the procurement agency shall explain the VSBE subcontracting goal if
applicable, the VSBE provisions of the solicitation, the documentation
required, and its relationship to the determinations that will be made in
connection with the evaluation process.
