2023 -- S 0659
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LC002007
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS
ENTERPRISE
Introduced By: Senators Cano, Quezada, Acosta, Murray, Mack, Britto, DiPalma, and
Pearson
Date Introduced: March 07, 2023
Referred To: Senate Labor
It is enacted by the General Assembly as follows:
SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority 1
Business Enterprise" is hereby amended to read as follows: 2
37-14.1-6. Minority business enterprise participation. 3
(a) Minority business enterprises shall be included in all procurements and construction 4
projects under this chapter and shall be awarded a minimum of ten percent (10%) of the dollar 5
value of the entire procurement or project. The director of the department of administration is 6
further authorized to establish by rules and regulation the certification process and formulas for 7
giving minority business enterprises a preference in contract and subcontract awards. 8
(b) Any minority business enterprise currently certified by the U.S. Small Business 9
Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by 10
the department of administration as a minority business enterprise and shall only be required to 11
submit evidence of federal certification of good standing. 12
(c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited 13
to, during a declared state of emergency. 14
(d)(1) The department of administration shall provide a list of certified minority and 15
women-owned business enterprises to each prospective contractor and no waiver for this chapter 16
shall be granted until after each prospective contractor receives assistance from the department of 17
administration with compliance of this chapter. 18
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(2) Upon issuance of a waiver of compliance, the department of administration shall make 1
publicly available records of all waivers of compliance. Such records shall include: 2
(i) Information identifying the contract, including the value of the contract; 3
(ii) Information identifying the contracting agency; 4
(iii) The name of the contractor receiving the waiver; 5
(iv) The date of the waiver; and 6
(v) The specific contract provisions to which the waiver applies. 7
(e) Each contracting agency that substantially fails to make a good faith effort to achieve 8
the maximum feasible participation of minority and women-owned business enterprises in such 9
agency’s contracting shall be required to submit to the director of the department of administration 10
a remedial action plan to remedy such failure. 11
SECTION 2. This act shall take effect upon passage. 12
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS
ENTERPRISE
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This act would require the department of administration to provide a list of certified 1
minority and women-owned business enterprises to each prospective contractor of a construction 2
project and would prohibit the issuance of a waiver from this requirement until the contractor 3
received assistance from the department. 4
This act would take effect upon passage. 5
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LC002007
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