
No. Implicitly, this question presumes an unproven correlation between a M / WBE {a.k.a. woman owned business } business' ability to provide a quality product or service and the race, ethnicity, or gender of its owner(s). Clearly, not all white male owned and operated businesses are more qualified than businesses owned by non-white individuals. California's WBE program has never included any form of "set aside" or other provision requiring that award of a contract be made without regard to the business' ability to provide the product or service according to requested specifications; e.g., price, workmanship, quality, delivery time, etc.
No. Historically and currently, the majority of award decisions are made by white males. The purpose of affirmative action is to counteract the effects of past and present discrimination of M / WBE {a.k.a. woman owned business } and/or preferential treatment, practices that have effectively excluded firms owned and controlled by persons who are not white and male. White males can own up to 49 percent of an WBE and, in fact, approximately 12 percent of certified WBE firms have at least one white male owner. Additionally, over 24 percent of certified Women Business Enterprises (WBE) have community property ownership, meaning the businesses are owned by women whose spouses are white and male.
Is there anything wrong with purchasing agents using the same vendor year after year?
With the passage of I-200, this could be viewed as "preferential treatment;" particularly, if there is evidence that there are certified businesses ready, willing and able to provide the product or service. This practice does not encourage competition - meaning existing firms have little or no incentive to pass on to their customers in the form of lower prices the improvements in product quality and production efficiencies occurring in their industry. Vendors are typically motivated to make their product or service more attractive, in terms of pricing and quality, to a customer when that customer has multiple sources from which to acquire the product or service. Unless the purchasing agent periodically determines that there are no new vendors who can supply a better quality product or service at a lower price, then the public is not assured it is getting the best value for its money. Indeed, when purchasing agents do not solicit new vendors, choosing instead to purchase from the same supplier year after year, all other businesses (including those new businesses owned by non-minority male vendors), have no opportunity to introduce their products and services to the State.
What practices other than goal setting on individual contracts can state agencies and educational institutions use to encourage utilization of WBE firms on state contracts/procurements?
Include WBE firms on lists of vendors to be notified of their contracting/procurement opportunities. Avoid bundling of contract/procurement work scopes, unless project feasibility is jeopardized.