Minority and Women’s Business Enterprise Program

 

Maryland Water Quality & Drinking Water Revolving Loan Fund Programs
Disadvantaged Business Enterprise Program (DBE)
Guidance for Loan Recipients

The Maryland Water Quality and Drinking Water State Revolving Loan Fund Programs (RLF) receive federal funds from the U.S. Environmental Protection Agency (EPA). The funds are used to provide low interest rate loans to finance water quality and drinking water capital projects. As a condition of federal grant awards, EPA regulations require that loan recipients and sub-recipients (i.e., prime contractors and subcontractors) make a good-faith effort to award a fair share of work to DBEs who are small business enterprises (SBE’s), minority business enterprises (MBE’s) and women’s business enterprises (WBE’s).

To ensure compliance with the EPA DBE requirements, the MWQFA has developed guidance for both Loan Recipients and Prime Contractors (sub-recipients) to undertake certain good faith efforts steps to provide opportunities for DBE firms to participate in contracts. EPA regulations require evidence of the application of the six good faith efforts in trying to achieve the DBE participation goals. MDE’s negotiated DBE participation goals with EPA are below. The goals below are not a quota and apply to DBE participation only.

Good Faith Efforts: The following good faith efforts apply to the procurement categories involving EPA financial assistance funds:

Step 1: Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities by placing qualified DBEs on solicitation lists whenever they are potential sources.

Step 2: Establishing delivery schedules, where the requirement permits to encourage participation by DBEs. The loan recipient should allow a 30-day minimum advertising period for bidding.

Step 3: Dividing total requirements, when economically feasible, into small tasks or quantities, to permit maximum participation of DBEs.

Step 4: Encourage contracting with a consortium of DBEs, when a contract is too large for one of these firms to handle individually.

Step 5: Using the services and assistance of the Maryland Department of Transportation (MDOT), the United States Small Business Administration (SBA) and the Minority Business Development Agency (MBDA) of the U.S. Department of Commerce (See Appendix C).

Step 6: Require the prime contractor, if subcontracts are to be let, to take the steps 1-5.

Guidance Documents and Forms (EPA & State Forms)

• SRF Loan Recipient DBE Guidance 
• Prime Contractors DBE Requirements and Contracts Provisions for SRF Loans

  Contact and Additional Information

The DBE requirements above are applicable to a project or segment of a project that is funded in part by Federal loan funds provided through the MDE under the following capital programs:

• Clean Water Revolving Funds 
• Drinking Water Revolving Funds

Please note that A/E service consultants who receive loan funds are also considered as prime contractors and must comply with DBE requirements. The guidance and forms are to assist recipients and sub-recipients in reaching out to DBEs when procuring contracts. For questions and additional information, please contact:

Maryland Water Quality Financing Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 515
Baltimore, MD 21230-1718
Attn: DBE Coordinator, MWQFA
Phone: 410-537-3146, Fax: 410-537-3968

MDE State Grant Capital Programs
Minority and Women’s Business Enterprises (M/WBE)
Guidance for Grant Recipients & Prime Contractors

The Maryland Department of the Environment’s mission is to protect and restore the quality of Maryland’s air, water, and land resources, while fostering smart growth, economic development, safe communities, and quality environmental education, for the benefit of the environment, public health, and future generations. As a part of our mission, fostering economic growth and opportunities for all Marylanders, all grant recipients and sub¬recipients (i.e., prime construction contractors and A/E services vendors) are REQUIRED to make good-faith efforts to utilize Minority and Women’s Business Enterprises (M/WBEs) to participate in state grant contracts.

The attached guidance is intended for both Recipients and Prime (Construction & A/E) Contractors (sub¬recipients) to undertake these good-faith efforts to provide real opportunities for M/WBE firms to participate in procurement contracts financed with State grants. Grant Recipients and Prime Contractors are also required to meet local requirements. The attached forms are REQUIRED to be used to guide and report the good faith efforts undertaken and any M/WBE participation outcomes achieved.

Minority and Women’s Business Enterprises M/WBE Good-Faith Efforts: The following good-faith efforts apply to all procurement contracts involving state grant funds:

Step 1: Placing qualified minority business enterprises (MBEs) and women’s business enterprises (WBEs) on solicitation list.

Step 2: Assuring that MBEs and WBEs are solicited whenever they are potential sources.

Step 3: Dividing total requirements, when economically feasible, into small tasks or quantities, to permit maximum participation of MBEs and WBEs.

Step 4: Establishing delivery schedules, where the requirement permits, which encourage participation by MBEs and WBEs.

Step 5: Using the services and assistance of the Maryland Department of the Transportation (MDOT). MDOT is designated as the primary agency within Maryland for listing and certifying MBEs.

Step 6: Recipients should encourage the prime contractor, if subcontracts are to be let, to apply the good faith efforts listed above (1-5).

Guidance Documents and Forms

• Grant Recipients and Prime Contractors M/WBE Requirements and Contracts Provisions for State Grants (10/2010) 

Additional Information and Contact

The M/WBE requirements above are applicable to a project or segment of a project that is funded in part by State grant funds provided through the MDE under the following capital programs:

1. Bay Restoration Fund
    
2. Water Pollution Control Fund (State Grant more than $500,000) 
   
   • Special Water Quality/Health (SWQH)
   • Small Creeks and Estuaries Restoration Program (SCERP),
   • Stormwater Pollution Control Program
   • Biological Nutrient Removal (BNR)
      
3. Water Supply Financial Assistance Fund (State Grant more than $500,000)  
   • Drinking Water

Please note that A/E service consultants who receive grant funds are also considered as prime contractors and must comply with M/WBE requirements. The guidance and forms are to assist recipients and sub-recipients in reaching out to M/WBEs when procuring contracts. For questions and additional information, please contact:

Maryland Water Quality Financing Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 515
Baltimore, MD 21230-1718
Attn: DBE Coordinator, MWQFA
Phone: 410-537-3146, Fax: 410-537-3968
 

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