(a) For prime A&E contracts with a value of $1,000,000 or less:
(1) If awarded competitively to the lowest responsive and responsible bidder: The OSDI Director may consider granting a bid discount of up to the lesser of five percent or $50,000, or a higher percentage or amount if authorized by state law, to bids submitted by an eligible MBE. Collectively, eligible MBE or WSSC-approved SLBE primes and subcontractors must retain 60 percent of the contract value. This requirement does not apply to supply contracts, licensing agreements and distributorship agreements. Any eligible MBE awarded a WSSC contract under this policy as a prime consultant/contractor shall not subcontract more than 40 percent of the contract value to a firm other than other certified MBEs or WSSC-approved SLBE firms.
(2) If awarded pursuant to an evaluation of proposals submitted in response to a RFP: The OSDI Director may consider granting an evaluation point preference to an eligible MBE. The point preference for a MBE firm responding as a prime shall not exceed five percent of the total evaluation points. Collectively, eligible MBE or WSSC-approved SLBE primes and subcontractors must retain 60 percent of the contract value. This requirement does not apply to supply contracts, licensing agreements and distributorship agreements. Any eligible MBE awarded a WSSC contract under this policy as a prime consultant/contractor shall not subcontract more than 40 percent of the contract value to a firm other than other certified MBEs or WSSC-approved SLBE. The OSDI Director shall recommend this prime contract remedy only after first considering implementation of the remedies set forth in subsections (b) and (c) of this section and determining that they are ineffective. In the event that the originating department and the OSDI cannot agree on the race- and gender-conscious remedy, the Chief Procurement Officer shall make the determination.
(b) For any prime A&E contract, WSSC:
(1) May award additional, incentive points of less than five percent of the total points that can be realized from applying all evaluation criteria to any qualified non-MBE firm that demonstrates its good faith intention to use an eligible MBE as a subcontractor; or
(2) May determine, on a contract-by-contract basis, a contract-specific subcontracting goal for eligible MBEs. This contract-specific goal shall be based on an assessment of the specific types of A&E services required under the contract, and the relative availability of ready, willing, and able eligible MBEs to provide such services. The request for qualifications or RFP documents for the contract shall require all bidders to exercise good faith efforts to attain the mandated percentage of eligible MBE subcontract participation. Respondents shall submit with their proposals the name, ownership, MBE status and scope (and dollar value) of work for each proposed subcontractor. Upon award of the prime contract, the prime contractor shall be required to submit accurate progress payment information with each invoice regarding each of its subcontractors, including MBE subcontractors. All direct subcontracting must be reported on a WSSC-funded contract; and all subcontractors must be approved by the OSDI. The OSDI shall audit the reported payments to MBE and non-MBE subcontractors to ensure that the prime contractors’ reported subcontract participation is accurate.
(3) May establish consideration, on a contract-specific basis, for bids or proposals with criteria that eligible MBE firms have a principal place of business in either Montgomery County or Prince George’s County on WSSC-funded contracts.
(c) In addition to the foregoing race- and gender-conscious remedies, the OSDI Director may, with the concurrence of the General Counsel and the Chief Procurement Officer (or designated Team Chief) at the beginning of a calendar or fiscal year, establish an overall A&E annual MBE aspirational subcontracting goal for eligible MBE firms. This goal shall be flexibly applied and shall reflect: the availability of eligible MBE firms that provide A&E services, as determined by the disparity study; the types of A&E services provided by these firms; and the OSDI Director’s assessment regarding the specific types of A&E services that will be required by WSSC’s A&E prime contractors during the year in which the overall goal will apply.