Minority Business Enterprise Program

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Sat, 04/01/2017 - 07:20 pm

Mission Statement

The Maryland Stadium Authority (MSA) has an aggressive Minority Business Enterprise (MBE) Program in place to maximize the business it conducts with MBEs. MSA actively encourages minority-owned firms to participate in the MSA procurement process. Business opportunities with MSA exist in the areas of construction, architecture/engineering, commodities, maintenance and a variety of services.

MSA is firmly committed to the success of the State's MBE Program. Our mission and objectives are to achieve and/or exceed twenty-nine (29%) of the total procurement contract dollars to certified minority business enterprises. In doing so, MSA will:

  • Maximize contracting opportunities to minority businesses in all procurements of construction, commodity, maintenance, architect/engineering, and services.
  • Enforce MBE compliance policies and procedures for prime contractors and minority subcontractors who are doing business with MSA. 
    All potential contractors, subcontractors, suppliers, vendors, and consultants doing business with MSA must comply with the State of Maryland's MBE law. Compliance with applicable laws is monitored by the MBE Liaison and MBE Compliance Officer.

Contact Information

The names and address for MSA’s MBE Liaison and MBE Compliance Officer are as follows:

Altha S. Weaver (Identifying pronouns: she/her/hers/herself)
Equal Employment Opportunity Officer (EEO)
Minority Business Enterprise (MBE) & Small Business Reserve Liaison Officer
Maryland Stadium Authority
Administration
333 W. Camden Street, Suite 500
Baltimore, Maryland 21201
(410) 223-4150


To Become a Certified Minority-Owned Business
The Maryland Department of Transportation administers the State of Maryland’s MBE certification program. There are specific eligibility criteria for certification to assure that only bonafide MBEs participate in the program. For additional information on MBE applications and certification, call 410-865-1269 or visit https://www.mdot.maryland.gov/tso/pages/index.aspx?pageid=91


MBE Contract Monitoring

MSA is responsible for conducting administrative contract compliance and on-site investigations to confirm compliance with the State’s MBE regulations. The MBE Compliance Officer has the authority to conduct on-site compliance meetings and on-site inspections at any time, with or without prior notification.

Should an on-site investigation be performed, the contractor will have the following available for inspection:

  • Records containing the MBE subcontractors’ contract agreement or purchase order, indicating the project number, company name, address, Maryland Department of Transportation’s MBE certification number, dollar amounts, dates, and the scheduled times for each certified business to be on the job site;
  • Any other appropriate documents requested prior to the actual on-site visit.

If MSA determines that the contractor or subcontractors are not in compliance with this section, MSA will notify the contractor of those measures which the contractor must take to restore the contractor to a state of compliance and the time within which these measures must be taken. If the contractor or subcontractor fails to take corrective action within the time required, MSA may report the noncompliance to the appropriate authorities for resolution and may take any and all other action permitted by law or the contract. When in the judgment of MSA, circumstances warrant such action, MSA may, without notice to the contractor and without giving the contractor any opportunity to cure, take action to enforce the contractor's obligations under the contract respecting MBE participation.


Nondiscrimination & Sexual Harassment Policy

Adopted by the Maryland Stadium Authority and approved by the Executive Director on May 27, 2022.

Nondiscrimination and Sexual Harassment Policy

I.            Purpose

The purpose of the Maryland Stadium Authority’s (“MSA”) Nondiscrimination and Sexual Harassment Policy (the “Policy”) is to confirm the Agency’s commitment to compliance with the State of Maryland’s (the “State”) statutory and regulatory requirements and its policies with respect to commercial nondiscrimination and sexual harassment.

II.          Commercial Nondiscrimination

A.           Statutory and regulatory requirements.

i.             The State’s commercial nondiscrimination law is found in State Finance & Procurement Article (“SFP”) Title 19 and regulations promulgated in connection therewith are found in the Code of Maryland Regulations (“COMAR”) 21.07.01.26 (together, “State Commercial Nondiscrimination Law” or “Commercial Nondiscrimination”).

ii.           (a) Pursuant to SFP § 19-101 the commercial non-discrimination policy is a State policy which mandates that the State shall not enter into a contract with any business entity that has discriminated in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers on the bases of race, color, religion, ancestry or national origin, gender/sex, age, physical or mental disability, sexual orientation, or marital status, or any otherwise unlawful use of characteristics regarding the vendor’s supplier’s or commercial customer’s employees or owners.

(b) Harassment on the bases of a protected class under (a) above, such as sexual harassment, and retaliation for filing a complaint or being involved in the investigation are both prohibited under the law.

B.           MSA’s Policy. MSA construction contracts, and all other contracts, which are now or may later be required by the State shall include the following language (as may be amended from time to time by the State General Assembly) regarding Commercial Nondiscrimination:

i.             The following provision is mandatory for all State contracts and subcontracts: “As a condition of entering into this Agreement, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability, or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination.

Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.”

ii.           The following provision is mandatory for all State contracts: “As a condition of entering into this Agreement, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article (“SFP”) of the Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State‘s Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.”

iii.          For the purpose of this Policy, the terms sex, sexual orientation and sexual identity as used in the Commercial Nondiscrimination Language are collectively referred to as “Gender Bias.”

Complaints. Pursuant to the law of the State, investigation of complaints under the State’s Commercial Nondiscrimination Law are the purview of the Maryland Commission on Civil Rights (the “MCCR”). File a complaint - https://mccr.maryland.gov/Pages/Intake.aspx. In addition to including the Commercial Nondiscrimination clauses in its construction contracts, it is the policy of MSA to cooperate with and assist the MCCR with its investigation to the extent possible under SFP § 19-107.

III.         Sexual Harassment

A.           State’s Sexual Harassment Policy.

MSA is an entity of the State, and a unit of the Executive Branch of State government. As such its employees are subject to the State’s policy on sexual harassment. MSA has posted the State’s policy on sexual harassment - https://dbm.maryland.gov/eeo/Documents/SexualHarassmentintheWorkplacePolicy-rev11- 2020.pdf) as required by the State

B.           Reporting Sexual Harassment.

i.             MSA shall comply with the State’s policy regarding the handling of complaints of sexual harassment - https://dbm.maryland.gov/eeo/pages/sexharrasscomplaintprocedure.aspx

ii.           MSA encourages the reporting of all perceived incidents of discrimination, harassment or retaliation, regardless of an alleged offender’s identity or position. Any individual who believes that they have been the victim of such conduct should discuss their concerns with their immediate supervisor, the Director of Human Resources and/or the MSA’s Equal Employment Opportunity (EEO) Officer.

iii.          It is MSA’s policy to promptly and thoroughly investigate such reports.

C.           Employees Responsibilities.

If an employee believes that sexual harassment has occurred, the employee should take the following steps:

i.             Inform the offending person that his/her conduct is unwelcome and should cease immediately. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcome. However, a victim of harassment need not confront his/her harasser directly, so long as his/her conduct demonstrates that the harasser's behavior is unwelcome.

ii.           If the alleged harassment does not cease, it promptly should be reported to the affected employee's supervisor, the agency's Fair Practices Officer, Equal Employment Opportunity Officer, other management representative, or the Office of the Statewide Equal Employment Opportunity Coordinator.

iii.          If an employee's immediate supervisor is alleged to have sexually harassed the employee, the incident should be reported to the person directly in charge of the supervisor, the agency's Fair Practices Officer, Equal Employment Opportunity Officer, other management representative, or the Office of the Statewide EEO Coordinator.

The person designated by MSA to handle inquiries regarding nondiscrimination and anti-harassment complaints is EEO Officer Altha Weaver, MSA 333 E. Camden Street, Suite 500, Baltimore MD 21201 410-223-4112. aweaver@mdstad.com.

D.          MSA’s Responsibilities.

i.             When an alleged incident of sexual harassment is reported to a supervisor, a Fair Practices Officer, or EEO Officer, MSA shall initiate and complete its investigation into the allegations within thirty (30) working days from its notification of the alleged harassment.

The investigation shall be conducted in a manner consistent with the guidelines issued by the Department of Budget and Management.

ii.           The employee alleging sexual harassment should be informed that MSA will investigate all allegations of sexual harassment and take immediate appropriate corrective action in response to all substantiated charges.

iii.          The employee alleging sexual harassment shall be informed that MSA will ensure confidentiality and that they (the complaining employee and all witnesses) will not be retaliated against as a result of participating in the investigation.

iv.          The employee alleging sexual harassment shall be informed of their right to file a formal complaint with the MCCR or the United States Equal Employment Opportunity Commission by the Agency’s EEO Officer or the MSA official who is responsible for investigating the alleged harassment.

v.            The Statewide EEO Coordinator should be notified in all complaints including management officials.

vi.          The Statewide EEO Coordinator provides procedural guidance and may assist an agency in its investigation, through the Employee Compliant Assistance Program, if necessary.

vii.         MSA shall make follow-up inquiries to ensure the harassment has not resumed, if harassment was found, and that no retaliatory action has been taken in response to the filing of the complaint.

E.           Special Accommodations.

For deaf and hard of hearing individuals and those with limited English proficiency, the MSA will secure MCCR’s Video Remote Interpreting (VRI) services free of charge to you upon request, in advance of your appointment with the MSA.


Minority Business Enterprise Resources

(1) MBE FORMS

(2) WEBSITE LINKS

Click on any of the websites listed below for further information on MBE contracting opportunities.

eMarylandMarketPlace: www.emarylandmarketplace.com 
Governor's Office of Small, Minority & Business Affairs: https://gomdsmallbiz.maryland.gov/Pages/default.aspx 
State Department of Transportation: www.mdot.maryland.com 
Department of General Services: www.dgs.state.md.us


Frequently Asked Questions

Do all State contracts have MBE subcontract goals? 
No, all State contracts do not have MBE subcontract goals. Each procuring agency has the authority to set MBE goals on individual contracts and procurements on a case-by-case basis. The scope of work, combined with the availability of certified MBEs in certain industries, will often determine if a contract will have an MBE goal. 

Who is required to submit MBE documentation? 
MBE documentation must be submitted by all bidders at the time of bid submission. Following award of the project, the MBE Payment Summary Report, as well as the MBE Unpaid Invoice Report is to be provided by the prime contractor on a monthly basis. In addition, all MBE subcontractors shall provide the MBE Unpaid Invoice Report on a monthly basis to the attention of the Compliance Officer. 

When does MBE documentation have to be submitted? 
The following forms are to be submitted with the bid documents:

  • MBE Attachment 1A- Certified MBE Utilization and Fair Solicitation Affidavit

Within ten (10) working days from notification that it is the apparent successful bidder or within ten days following award, whichever is earlier (COMAR 21.11.03.10.B), the apparent successful bidder must submit the following forms:

  • MBE Attachment 2- Outreach Efforts Compliance Statement
  • MBE Attachment 3A- MBE Subcontractor Project Participation Certification
  • MBE Attachment 3B- MBE Prime Project Participation Certification

If the apparent successful bidder is unable to achieve the contract goal for certified MBE participation, the bidder must submit instead of, or in conjunction with, MBE Attachment C, Subcontractor Project Participation Certification, a written request for a waiver (COMAR 21.11.03.11) Attachment E of the MBE goal including the MBE Attachment F Minority Contractor Unavailability Certificate” for all MBE subcontractors found to be unavailable.    

  • MBE Attachment 1B- MBE Waiver Guidance
  • MBE Attachment 1C - Good Faith Documentation to Support Waiver Request 

 After award of the contract, the awardee and all MBE subcontractors are required to submit to the MBE Compliance Officer the following forms, on a monthly basis for the duration of the contract:                     

  • MBE Attachment 4A - Prime Contractor Unpaid MBE Invoice Report
  • MBE Attachment 4B - MBE Prime Contractor Report
  • MBE Attachment 5 - Subcontractor Unpaid MBE Invoice Report

Contractors requiring assistance in completing MSA’s MBE participation forms should contact the MBE Compliance Officer.

What are the Contractor's responsibilities?

  • The contractor agrees that the established amount for the MBE goal will be performed by certified MBEs.
  • No award shall be made until all matters relating to MBE participation have been met and documented by the contractor.
  • On a monthly basis the prime contractor will submit to the attention of the MBE Compliance
  • Officer, MBE Attachment G and MBE Attachment I. These completed forms should also be included with the payment application.
  • An MBE prime contractor responding to the solicitation will also comply with the above stated responsibilities.

What if an MBE is not certified?
The MSA requires that an MBE be certified by the Maryland State Department of Transportation in order to be utilized as a legitimate minority business on MSA contracts.

How will MBE Contract Compliance be monitored? 
MSA is responsible for conducting inspections to confirm MBE Compliance with the terms of the contract. The MBE Compliance Officer has the authority to conduct on-site inspections and administrative contract compliance at any time, with or without prior notification. (See “Contract Monitoring” section below for more information.)

What if for any reason a minority subcontractor is not performing in accordance with its contract? 
If, for any reason, a minority subcontractor is not performing in accordance with its contract, the prime contractor may request permission to remove or substitute that particular MBE. The prime contractor must notify the Project Manager and MBE Compliance Officer of the prime contractor's intent to remove an MBE subcontractor during the course of the MBE's contract. Supporting, detailed information must be submitted in writing to the Project Manager and MBE Compliance Officer, by the prime contractor stating reasons why the MBE subcontractor should be removed. It will be the responsibility of the Project Manager and MBE Liaison to determine if the MBE subcontractor may be removed from the project.

Contractor's Requiring Assistance in meeting the MBE Goal: 
Contractors requiring assistance in locating certified MBEs are encouraged to obtain a certified MBE Directory. The Directory is a free publication and contains information about currently certified MBEs. The State of Maryland, Minority Business Enterprise Directory is available to contractors at: Maryland Department of Transportation, Fair Practice Division, P.O. Box 8755, BWI Airport, Baltimore, Maryland 21240. Contractors may contact the Department of Transportation by phone at 410-865-1269 or 800-544-6056. Contractors can also view and sort the MBE Directory on line at https://www.mdot.maryland.gov/tso/pages/index.aspx?pageid=91

Next MSA Board of Directors Meeting

Tuesday, February 7, 2023, 12:00 p.m.
The Warehouse at Camden Yards
Executive Conference Room
333 W. Camden St., Suite 500
Baltimore, MD  21201
Agenda / Live Stream

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