Section 25 IAC 5-5-5 - Monitoring MBE/WBE participation as prime contractorsAuthority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC 4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6-4; IC 4-13.6-5; IC 5-22
Sec. 5.
(a) In monitoring MBE/WBE participation in prime contract awards, the department shall do the following as it pertains to procurement and contracting at the agency level pursuant to IC 4-13.6-4 and IC 4-13.6-5: (1) Establish a standard method to record solicitations of these procurements.(2) The agency shall provide the department with such information as the department deems reasonably necessary to carry out the purposes of this rule, including:(A) Information on the contractors contacted, including name, address, telephone number, fax, and e-mail.(B) The contractor's ethnicity and gender.(C) Whether or not the contractor is a small business.(D) Whether or not the contractor is new to the state's procurement process.(E) The contractor's bid amount (or that the contractor chose not to bid).(F) The person completing the form.(G) The personnel responsible for the solicitation.(b) To monitor MBE/WBE participation in prime contract awards, the department shall do the following as it pertains to contracts other than procurement and contracting at the agency level: (1) Monitor the lists of enterprises bidding to develop potential strategies to increase the number of bidders. The form for such recording should include, but not be limited to, the following: (A) Information on the contractors, including name, address, telephone number, fax, and e-mail.(B) The contractor's ethnicity and gender.(C) The reason or reasons the company has chosen not to bid.(2) Establish a system to debrief bidders who do not win state contracts. The method of debriefing may include: (A) Feedback to MBE and WBE bidders in general to ensure they are aware of the availability of information regarding bid tabulations.(B) Work with small business assistance organizations to counsel MBE and WBE bidders in general on strengthening future proposals and understanding of state requirements.(3) Maintain a list of bidders, consisting of information regarding all enterprises that bid or quote contracts. This list shall be used to compile and track those enterprises that have shown an interest in participating in the state's procurement and contracting processes. The information to be compiled shall include, but may not be limited to, the following: (A) Company name, address, phone number, fax, and e-mail.(B) Owner's name, gender, and ethnicity.(C) If new to the state bid process, age of enterprise and gross annual receipts.(D) For this bid, name of proposed subcontractors proposed, including, for each company, the company's name, owner's name, gender, and ethnicity.Indiana Department of Administration; 25 IAC 5-5-5; filed May 30, 2003, 11:00 a.m.: 26 IR 3307; readopted filed Oct 6, 2009, 9:04 a.m.: 20091104-IR-025090572RFAReadopted filed 12/2/2015, 2:41 p.m.: 20151230-IR-025150342RFAReadopted filed 10/19/2021, 9:13 a.m.: 20211117-IR-025210389RFA