Missouri State University
OP-15: Inclusive and Local Purchasing

Op8.07 Disadvantaged Business Enterprise Program Missouri State University ensures that small businesses owned by socially and economically disadvantaged individuals have equal opportunity to participate on contracts and project work administered by Missouri State through the Disadvantaged Business Enterprise (DBE) Program. In accordance with the regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26, it is required that Missouri State, as a recipient of federal funds, administer a DBE Program. It is the policy of Missouri State to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. Specifically, Missouri State University's policy is: • To ensure nondiscrimination in the award and administration of DOT-assisted contracts; • To create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts; • To ensure that the DBE program is narrowly tailored in accordance with applicable law; • To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBE’s; • To help remove barriers to the participation of DBE’s in DOT-assisted contracts; and • To assist in development of firms that can compete successfully in the marketplace outside the DBE Program. Missouri State establishes annual DBE goals for federally funded construction projects. All projects receiving federal funds administered through Missouri State are subject to the rules of the Federal regulations and DBE Program guideline parameters. Op8.16 Procurement Procedures Required language for purchase orders and subcontracts (VEVRAA) The following language must be included in bold typeface in subcontracts and purchase orders: This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5 (a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and Subcontractors to employ and advance in employment qualified protected veterans. Required language for purchase orders and subcontracts (Section 503) The following language must be included in bold typeface in subcontracts and purchase orders: This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5 (a). This regulation prohibits discrimination against individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. Minority Business Enterprise/Women Business Enterprise (MBE/WBE) Participation For construction contracts in amounts greater than or equal to One Hundred Thousand Dollars ($100,000) contractors are bound to subcontracting a percentage of the contract to MBE/WBE(s). Below is information to aid contractors in soliciting to MBE/WBE(s). MBE/WBE Goal: The bidder shall have as a goal subcontracting not less than ten percent (10%) MBE and five percent (5%) WBE of the awarded contract price for work to be performed. Computation of MBE/WBE Percent Goal Participation: The total dollar value of the work granted to the MBE/WBE by the successful bidder is counted towards the applicable goal of the entire contract. A bidder may count toward its MBE/WBE goal only expenditures to MBE/WBE(s) that perform a commercially useful function in the work of a contract. A bidder may count toward its MBE/WBE goals expenditures for materials and supplies obtained from MBE/WBE suppliers and manufacturers, provided that the MBE/WBE assumes the actual and contractual responsibility for the provision of the materials and supplies. MBE/WBE Requirements: The bidder shall state and submit with his/her bid proposal, his/her proposed plan for the use of MBE/WBE subcontractors. The information requested in the Compliance Evaluation Form shall be submitted for every MBE/WBE the bidder intends to use on the contract work. If the MBE/WBE subcontractor that the bidder proposes to use on the project is not certified, the bidder shall submit with his/her proposal the information requested in the MBE/WBE Eligibility Determination Form. If the MBE/WBE subcontractor that the bidder intends to use is a joint venture, and one (1) or more coventures is not certified as an MBE/WBE, the bidder shall submit with his/her proposal the information requested in the MBE/WBE Eligibility Determination Form for Joint Ventures.

http://www.missouristate.edu/policy/Op8_16_ProcurementProcedures.htm#Construction_contracts http://design.missouristate.edu/ContractorServices/MBEWBEParticipation.htm