Missouri Code of State Regulations
Title 1 - OFFICE OF ADMINISTRATION
Division 10 - Commissioner of Administration
Chapter 17 - Office of Equal Opportunity
Section 1 CSR 10-17.050 - Minority and Women's Business Enterprise Participation in Procurement Process

(1) The Office of Equal Opportunity (OEO) will provide assistance to Minority and Women's Business Enterprises (M/WBEs). Assistance provided may include but is not limited to: workshops, bid history and pricing abstracts, minority vendor registration, access to state agency procurement staff, inclusion in the M/WBE online directory, and notification of bid opportunities to promote increased participation.

(2) By collaborating with the Divisions of Purchasing and Materials Management (DPMM) and Facilities Management, Design and Construction (FMDC) within the Office of Administration, OEO will encourage participation in the procurement process and fairness in consideration of bids and proposals submitted by M/WBEs. Programs and procedures designed by 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; notifying M/WBEs of procurement opportunities online; referring M/WBEs to agencies that may provide specialized training or assist with financing and bonding issues; and actively collaborating with executive branch agencies.

(3) OEO will compile and maintain a directory of certified M/WBEs. The directory will include contact information for M/WBEs and information regarding the products and services they offer. The directory will be available online to bidders, contractors, and the public.

(4) OEO will establish M/WBE participation goals and programs in accordance with section 37.020, RSMo; any successor or similar statutes; executive orders based upon a study to determine the availability of qualified M/WBEs; and any other pertinent information. OEO will periodically review M/WBE participation goals and programs to determine whether existing programs should be continued or revised and whether new programs should be implemented.

(5) By collaborating with DPMM, FMDC, and executive branch agencies, OEO may recommend M/WBE subcontracting goals to the agencies. To assist in achievement of those goals, OEO may also recommend to agencies solicitations in which M/WBE subcontracting requirements may be appropriate; recommend that qualified M/WBEs be included on solicitation lists; and, when feasible, recommend structuring contracts to maximize potential M/WBE participation.

(6) The following expenditures may be counted toward meeting established M/WBE goals in a contract financed in whole or in part with state funds:

(7) The total dollar value of a purchase procured from an M/WBE may be counted toward meeting established M/WBE goals in procurements under twenty-five thousand dollars ($25,000) financed in whole or in part with state funds.

(8) After the contract is established, OEO may monitor the activity of the contractor to assure compliance with the M/WBE utilization stipulated in the contract.

(9) Contractors that fail to comply with the M/WBE utilization stipulated in their contracts may be considered in breach of contract and may be subject to the remedies in the contract and as otherwise allowable by law.

(10) OEO shall maintain statistics and issue periodic reports about M/WBE participation.