OMWBE reports the annual M / WBE {a.k.a. woman owned business } WBE goal achievement to the Governor, Legislature and State Auditor. While OMWBE itself has no authority to sanction state agencies and educational institutions if they fail to meet their annual WBE goals, these entities are responsible for carrying out all duties and responsibilities prescribed by statute and regulations, including the duty to meet annual WBE goals set by OMWBE regulations. The regulations apply to all state agencies and educational institutions that make discretionary expenditures for products and services covered by the WBE program. The goals enable the agencies/educational institutions' efforts to be tracked. Agencies can then be held accountable for the results of their efforts and OMWBE can design narrowly-tailored programs to ensure all sectors of the State's business community have access to State contracting and procurement without regard to preference or discrimination.

What WBE bid/solicitation clauses are not permissible?

Provisions that condition award of a contract upon attainment of the WBE goals established for a specific contract/procurement cannot be used, nor can clauses indicating points will be awarded to a bidder whose proposal includes WBE utilization equal to the stated goals. Provisions that allow a contract/procurement to be awarded to a bidder whose proposal included WBE utilization equal to the state goals, notwithstanding that the bid was not the lowest dollar amount.

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