6.35.020 Statement of policies and objectives.
(a) Policies.
(1) The procedures in this chapter implement WSSC’s policy of encouraging greater availability, capacity development, and contract participation by SLBEs on Commission contracts. This policy is intended to promote equal opportunity for all segments of the contracting community to participate in WSSC-funded contracting opportunities.
(2) Consistent with the Public Utilities Article, § 20-304(d), Annotated Code of Maryland, the Commission will review the eligibility criteria and administrative procedures of the program each year to assess their effectiveness in furthering the purposes of the program.
(3) The Commission shall take all necessary, reasonable and legal action to prevent discrimination, and to ensure that all businesses (including local business enterprises (LBEs) and small business enterprises (SBEs)) are afforded the maximum practicable opportunity to participate in the Commission’s contracting process.
(4) The SLMBE Office in collaboration with the Chief Procurement Officer shall have primary oversight responsibility with the full support and cooperation of all other WSSC offices to administer and ensure compliance with all policies and procedures established herein.
(b) Objectives. To meet the objectives of the SLBE program, WSSC is committed to, at a minimum:
(1) Increasing the participation of SLBEs in WSSC contracting and to the extent possible, eliminate through race- and gender-neutral means any disparities in the participation of minority business enterprises or women business enterprises on WSSC contracts;
(2) Periodically evaluating the progress of the SLBE program in meeting its objectives using accumulated availability and utilization data;
(3) Providing accountability and accuracy in setting requirements and in reporting program results utilizing Web-Based Compliance Systems or other related systems (i.e., WSSC’s Supplier Portal System and Prism™ or any successor Web-Based Compliance Systems) capable of identifying the universe of firms that are ready, willing and able and interested in bidding on or performing on WSSC contracts;
(4) Providing a means of tracking actual WSSC bids, contract awards, and prime contracts and direct subcontract payments to registered bidders or respondents on the basis of firm ownership status, commodity or sub-industry codes, firm location and firm size. Accordingly, prime contractors and subcontractors will be required to register and input data into WSSC’s Web-Based Compliance System or other related systems as one of the conditions of engaging in business with WSSC; and
(5) The SLMBE Office, in concurrence with the Chief Procurement Officer whenever necessary, shall:
(i) Oversee and implement this chapter;
(ii) Report to WSSC and to the public on at least an annual basis WSSC’s progress towards satisfying SLBE program objectives;
(iii) Recommend or grant SLBE program waivers, improvements and adjustments to the Commission’s goal-setting and other SLBE program functions;
(iv) Provide substantive input in forecasting contracting opportunities and contract specification (procurement process) review process to be undertaken in advance of the issuance of WSSC invitation for bids (IFBs) and request for proposals (RFPs) to ensure that contract bid specifications are not unnecessarily restrictive and unduly burdensome to SLBE firms;
(v) Develop and implement extensive outreach and SLBE vendor/supplier development events;
(vi) Receive and analyze external and internal information including statistical data and anecdotal evidence it deems appropriate to effectively accomplish its duties;
(vii) Monitor and support the implementation of the procedures in this chapter;
(viii) Meet with internal stakeholders as program objectives;
(ix) Enforce contractor compliance with contract participation goals, and ensure that the overall SLBE program goals and objectives are met; and
(x) Establish on a contract-by-contract basis the minimum SLBE subcontracting or other SLBE program preference(s). (REG-PROC-SD-2017-005 § II)