BPW Advisory 2003-2 MBE Reporting Waivers

Purpose: To prescribe the annual report that each procurement agency must submit to the Board of Public Works listing requested and granted Minority Business Enterprise participation waivers.

Background: The State’s Minority Business Enterprise program now requires the Board of Public Works to keep an annual record of the number of waiver requests each procurement agency receives and grants. A waiver request is a request that a procurement agency waive any or all of a contractor’s obligations relating to minority business enterprise participation.  After collecting each agency’s annual report, the Board of Public Works will submit a consolidated report to the General Assembly by October 1 annually.  See Chapter 402, Laws of 2003 (amending State Finance & Procurement Article, §14-303(a)(ii), Maryland Code).

  1. This procedure applies to ALL contracts with MBE participation goals where one or more waiver requests have been received, even if the contracts are otherwise within the procurement agency’s or the control agency’s delegated authority.  
  2. Each procurement agency shall maintain a record of all requests from contractors  and from apparent successful bidders/offerors that seek waivers of MBE participation goals (including subgoals).  
  3. Waiver requests and agency responses are governed by COMAR​.
  4. Each procurement agency shall compile its information into a fiscal year report (July 1 — June 30).  The agency must submit its fiscal year report to the Board of Public Works no later than July 31 annually.
  5. Waiver information is to be included in the report for the fiscal year in which the request is acted upon (even if the request is received in the prior fiscal year).
  6. The report to the Board must contain the following information on contracts where MBE participation goals (including subgoals) have been set and waiver requests have been submitted:
    • Contract titles, numbers and dates
    • Number of waiver requests received
    • Number of waiver requests granted
    • Any other information specifically requested by the Board.
  7. Two reporting forms, 2003-2 Summary Form.pdfSummary and 2003-2 Detail Form.pdfDetail, must each be submitted in the attached format to both the:
    • Board of Public Works, and
    • Governor’s Office of Small, Minority, and Women Business Affairs

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