Minority Business Enterprise Program

MBE Mission, Vision and Program Description

• Minority Business Enterprise Program Mission Statement
  To monitor, promote, facilitate and ensure compliance with the State of Maryland's Minority Business Enterprise Program regulations and objectives and be a fair and effective advocate for the interests and equitable treatment of small and minority and Veteran owned businesses participating and seeking participation in agency procurements.

• Vision
  To endeavor to maximize appropriate Minority and Veteran subcontracting opportunities while serving as a model MBE Program for the contracting community and other state agencies while.

• Program Description
  Secretary Scruggs is fully committed to the Governor's Office of Minority Affairs' mission to connect small, minority- and women-owned businesses to State contracting and procurement opportunities through the Minority Business Enterprise (MBE) program in an effort to strengthening and grow MBE businesses.

MBE Regulations

• DPSCS 2015 MBE Directive
• COMAR Title 21.11.01
• GOMA Best Practices

Resources

• Maryland Department of Transportation (MDOT) MBE Office
• Certifies MBE Firms for the State of Maryland
• MD MBE Directory
• eMarylandMarketplace
• Maryland's Internet-based procurement portal, is a business tool that provides vendors with easy access to State procurement information. Potential bidders can find solicitations on eMaryland Marketplace and submit bids electronically. In addition, the system will notify potential bidders when any changes to a solicitation are published and when an award is made. A business must be registered in eMaryland Marketplace in order to receive an award from the State of Maryland

• NAICS Code Directory (Link to Census.gov)

MBE Subcontractor Concerns
Concerns such as:

• Quality of MBE's Work
• Non Payment by Prime Contractor on Items for which there is no dispute
• MBE Firm is not being used as listed at the time of bid

Compliance vs Fraud

• Compliance requires:
• Use of the MBEs listed at time of bid/proposal
• MBE Subcontractors must perform their items of work, independent from the prime contractor, with their own supervisor and employees
• MBEs cannot subcontract out any portion of their work without prior approval from the OEO
• MBE must perform commercially useful function (CUF) "For execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved; and (ii) With respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself."
• For non-compliance we will work with you and the contractor
• Fraud: According to Webster's fraud is "deceit, trickery, or breach of confidence for profit or to gain some unfair or dishonest advantage."
• If you see anything that you think is fraudulent contact the MBE Office
• Using the MBE in name only (pass through)
• Listing employees on certified payroll when actually paid by another company
• Reporting work is being performed by MBE when another firm is actually doing the work
• Alleged Fraud is handled by the Attorney General's Office and Governor's Office of Minority Affairs (GOMA)