Amendment ID: S2564-33-R1

Redraft GOV 33

Contracting Goals for Minority and Women Business Enterprises

Ms. Chang-Diaz, Ms. Rausch, Messrs. Eldridge, Keenan, Gomez, Moore and Hinds, Ms. DiZoglio, Ms. Jehlen, Messrs. Lesser, Collins, Cyr and Feeney move that the proposed new text be amended by striking out section 93 and inserting in place thereof the following 2 sections:-

“SECTION 93. (a) For the purposes of this section, the words “diverse business”, “executive director”, “minority business enterprise”, “supplier diversity office” and “women business enterprise” shall have the same meanings as in section 58 of chapter 7 of the General Laws.

(b) Notwithstanding any general or special law to the contrary, the supplier diversity office, in consultation with the equity and accountability review panel established in section 92, shall encourage the participation of diverse businesses in procurements and contracts for goods and services using funds appropriated under this act by establishing benchmarks for state authorities and state agencies, as defined in section 1 of chapter 29 of the General Laws. To the extent allowable under state and federal law, all requests for responses issued by a state authority or state agency shall include a scoring factor to meet the benchmarks.

(c) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the equity and accountability review panel, shall establish participation goals for minority business enterprises and women business enterprises on capital facility projects and state assisted building projects that utilize funds appropriated under this act. Not later than March 15, 2022, the commissioner of capital asset management and maintenance shall submit the final participation goals to the clerks of the senate and house of representatives and senate and house committees on ways and means.

To the extent allowable under state and federal law, all requests for proposals issued by a state authority or state agency shall include a scoring factor to meet the participation goals. For purposes of this section, the terms “capital facility project” and “state assisted building project” shall have the same meanings as in section 6 of chapter 7C of the General Laws. Any bidder that has a demonstrated record of failure to achieve workforce or subcontracting diversity goals on previous work for the commonwealth shall not be a suitable bidder to receive an award of a contract on a project funded by funds appropriated under this act.

SECTION 93A. Notwithstanding any general or special law to the contrary, for the purpose of section 92 and section 93, “funds appropriated under this act” shall mean funds expended under items 1599-2020, 1599-2021, 1599-2022, 1599-2023, 1599-2024, 1599-2025, 1599-2026, 1599-2027, 1599-2028, 1599-2029, 1599-2030, 1599-2031, 1599-2032, 1599-2033, 1599-2034, 1599-2035, 1599-2036, 1599-2037,1599-2038, 1599-2039, 1599-2041, 1599-2042, 1599-2043, 1599-2044, 1599-2045, 1599-2046, 1599-2047, 1599-2048 and 1599-2049 or transferred pursuant to section 97 or section 99.”.