(a) For prime construction 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 10 percent to bids submitted by an eligible MBE firm. 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 firm. The preference price reduction for an eligible MBE firm bidding as a prime shall not exceed 10 percent. Application of this preference is applied when bids are received and evaluated by the OSDI.
(2) If awarded pursuant to an evaluation of proposals submitted in response to a RFP: The OSDI Director may consider granting a point preference to an eligible MBE firm. The point preference for an eligible MBE firm responding as a prime shall not exceed 10 percent of the total evaluation points. Collectively, eligible MBEs 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.
(3) The OSDI Director 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.
(4) WSSC may award additional incentive evaluation points of less than 10 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.
(5) The OSDI Director shall recommend the foregoing prime contract remedies 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 construction contract, the OSDI Director may determine, on a contract-by-contract basis, a contract-specific subcontracting goal for qualified, eligible MBEs. This contract-specific goal shall be based on an assessment of the specific types of construction services required under the contract, and the relative availability of ready, willing, and able eligible MBEs to provide such services. The IFB or RFP/RFQ for the contract shall require all respondents to exercise good faith efforts to attain the mandated percentage of eligible MBE subcontract participation. Bidders or respondents shall submit with their bids/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 subcontractor participation is accurate.
(c) In addition to the foregoing race- and gender-conscious remedies, the OSDI Director may, with the concurrence of the General Counsel and Chief Procurement Officer (or designated Team Chief), at the beginning of a calendar or fiscal year, establish an overall construction MBE annual aspirational subcontracting goal for eligible MBEs. This goal shall be flexibly applied and shall reflect: the availability of eligible MBEs that provide construction services, as determined by the disparity study; the types of construction services provided by each of these ethnically diverse firms; and the OSDI Director’s assessment regarding the specific types of construction services that will be required by WSSC’s prime construction contractors during the year in which the overall goal will apply. 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.