Mississippi HB 276: Socially and economically disadvantaged small business concerns; establish program to encourage participation in state contracts.

Bill Text

H. B. No. 276 *HR43/R104* ~ OFFICIAL ~ G1/2
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To: Workforce Development;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2022

By: Representative Scott

HOUSE BILL NO. 276

AN ACT TO ESTABLISH THE "OPPORTUNITIES FOR DIVERSITY IN 1
CONTRACTING PROGRAM (ODC PROGRAM)" TO BE ADMINISTERED BY THE 2
MISSISSIPPI DEVELOPMENT AUTHORITY TO IMPROVE THE NUMBER OF 3
SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESS CONCERNS 4
THAT DO BUSINESS WITH THE STATE BY FACILITATING AND IMPROVING 5
ACCESS TO GOVERNMENT CONTRACTS; TO REQUIRE EACH STATE AGENCY TO 6
APPOINT AN ODC COMPLIANCE OFFICER WHO WILL BE RESPONSIBLE FOR 7
MONITORING COMPLIANCE WITH THE ODC PROGRAM AND FOR REPORTING 8
COMPLIANCE OR NONCOMPLIANCE FOR THEIR RESPECTIVE AGENCIES TO THE 9
MISSISSIPPI DEVELOPMENT AUTHORITY; TO ESTABLISH THE 10
RESPONSIBILITIES OF ODC COMPLIANCE OFFICERS; TO REQUIRE STATE 11
AGENCIES TO INCLUDE CERTAIN LANGUAGE IN CONTRACTS FOR GOODS AND 12
SERVICES; TO ESTABLISH A PROCESS FOR ISSUING ODC WAIVERS; TO AMEND 13
SECTION 31-7-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 14
AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Sections 1 through 6 of this act shall be known 17
and may be cited as the "Opportunities for Diversity in 18
Contracting Act." 19
SECTION 2. The State of Mississippi is committed to 20
improving the number of socially and economically disadvantaged 21
small business concerns that do business with the state by 22
facilitating and improving access to government contracts. 23
Facilitating this access is not only the right thing to do, but 24

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will foster an environment in which all Mississippi businesses 25
have access to and compete fairly in the procurement process. 26
SECTION 3. As used in this section: 27
(a) "ODC business enterprise" means a socially and 28
economically disadvantaged small business concern certified as a 29
participant in the Opportunities for Diversity in Contracting 30
Program by the Mississippi Development Authority under Section 4 31
of this act. 32
(b) "MDA" means the Mississippi Development Authority. 33
(c) "Socially and economically disadvantaged small 34
business concern" means a socially and economically disadvantaged 35
small business concern as defined under the Small Business Act (15 36
USCS, Section 637(a)), except that the net worth of the business 37
may not be greater than Seven Hundred Fifty Thousand Dollars 38
($750,000.00). 39
SECTION 4. (1) The MDA shall establish a business 40
assistance program known as the Opportunities for Diversity in 41
Contracting Program (ODC Program) with the goal of improving the 42
number of socially and economically disadvantaged small business 43
concerns that do business with the state by facilitating and 44
improving access to government contracts. The MDA shall adopt 45
rules to administer the program that do all of the following: 46
(a) Establish procedures by which a sole 47
proprietorship, association, partnership, corporation, limited 48

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liability corporation, or joint venture may apply for 49
certification as an ODC business enterprise. 50
(b) Except as provided in paragraph (n) of this 51
subsection, establish agency procurement goals for contracting 52
with ODC business enterprises in the award of contracts based on 53
the availability of eligible program participants as determined by 54
the MDA. 55
(i) Goals established under this paragraph shall 56
be based on a percentage level of participation and a percentage 57
of contractor availability. 58
(ii) Goals established under this paragraph shall 59
be applied at the contract level, relative to an overall dollar 60
goal for each state agency, in accordance with the following 61
certification categories: construction, architecture, and 62
engineering; professional services; goods and services; and 63
information technology services. 64
(c) Establish a system of certifying ODC business 65
enterprises. 66
(d) Establish standards to determine when an ODC 67
business enterprise no longer qualifies for ODC business 68
enterprise certification. 69
(e) Develop a process for evaluating and adjusting 70
goals established by this section to determine what adjustments 71
are necessary to achieve participation goals established by the 72
executive director. 73

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(f) Establish a point system or comparable system to 74
evaluate bid proposals to encourage ODC business enterprises to 75
participate in the procurement of professional services and 76
information technology services. 77
(g) Establish a system to track data and analyze each 78
certification category established under paragraph (b)(ii) of this 79
subsection. 80
(h) Establish a process to mediate complaints and to 81
review ODC business enterp